Am I entitled to half of the equity in the house? 17 Answers as of May 20, 2016

I am in the process of a divorce. We have agreed on everything except the house. She wants to keep the house and pay me no money. Am I entitled to half of the equity in the home?

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Eric Johnson
Eric Johnson | Eric Johnson
Good question. Burt v. Burt, 799 P.2d 1166 (Utah Ct.App. 1990): The overriding consideration in dividing marital property in divorce is that the ultimate division be equitable that property be fairly divided between the parties given their contributions during the marriage and their circumstances at the time of the divorce. Newmeyer v. Newmeyer, 745 P.2d 1276, 1278 (Utah 1987). The court should first properly categorize the parties' property as part of the marital estate or as the separate property of one or the other. Each party is presumed to be entitled to all of his or her separate property and fifty percent of the marital property. But rather than simply enter such a decree, the court should then consider the existence of exceptional circumstances and, if any be shown, proceed to effect an equitable distribution in light of those circumstances and in conformity with our decision.
Answer Applies to: Utah
Replied: 5/20/2016
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Assuming it was purchased during the marriage with money earned during the marriage, the short answer is yes; directly or indirectly. It should be part of the approach to equally divide the marital pot, even if a party gets all of one asset, it should be set off against the other assets to equally divide the marital pot.
Answer Applies to: New York
Replied: 5/17/2016
Law Offices of Lauren H. Kane | Lauren H. Kane
You need to look at all the factors. You may be entitled to half. You need to speak with an attorney.
Answer Applies to: Pennsylvania
Replied: 4/28/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Your entitlement to half the equity in the home depends on lots of facts. E.g. did you or she bring the home into the marriage? Did you pay for it in whole or part with marital, or non-marital, funds? Are you receiving under your agreement with her an equivalent amount of value to half the equity? Best idea: retain an experienced family law attorney to advise and represent you. It's almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 4/27/2016
S. Joseph Schramm | Joseph Schramm
If the house is considered to be marital property you will be entitled to claim part of the equity. However, how much will depend on a number of factors, including, but not limited, length of marriage, relative health and age of the parties, other marital assets and how they have been valued and divided, and relative economic status of the parties. There is no magic number concerning the amount of equity in the home one will automatically receive.
Answer Applies to: Pennsylvania
Replied: 4/26/2016
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    That depends on whether the house was purchased with community funds, how other assets/debts were divided etc. The court deals with the total division of all assets and debts the division of which has to be fair. The criteria to determine what fair is, is outlined in the statute. So there is no simple answer to your question.
    Answer Applies to: Washington
    Replied: 4/26/2016
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    It depends on different factors, such as was the house purchased during the marriage? Is there equity in the home? Did you contribute to the household expense, etc. If you would like to discuss this contact an attorney who offers free consultations to learn of your rights and options.
    Answer Applies to: Illinois
    Replied: 4/26/2016
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    The answer to that depends on what other debt and assets are being divided and who is receiving what assets or taking responsibility for what debt. Each of you are entitled to half of the marital estate, but that is determined by looking at the bottom line of everything all together. You really need to visit with an attorney before making agreements if there is real property, retirement accounts, debts, etc. involved.
    Answer Applies to: Nebraska
    Replied: 4/26/2016
    Walpole Law | Robert J. Walpole
    Generally, yes. The judge will apportion assets, such as equity in a home, personal property and pensions, and divide them equitably, fairly, and close to equally. Good luck.
    Answer Applies to: Oklahoma
    Replied: 4/26/2016
    John Russo | John Russo
    Short answer is yes, but you would need to supply more facts to get a 100% sure answer, e.g. names on deed, names on mortgage, was home purchased during marriage, what was the source of any monies used to make downpayment.
    Answer Applies to: Rhode Island
    Replied: 4/26/2016
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    You might be entitled to some of the equity from the home but first there are many questions that need to be answered . Was the home purchased during the marriage? Is there any equity in it? Many homes are still under water meaning there is more owed than the fair market value of the home. You need to talk to your lawyer about these matters. There may be no money or equity to split. I'm guessing that might be the case here.
    Answer Applies to: Illinois
    Replied: 4/26/2016
    Peyton and Associates | Barbara Peyton
    If the house was acquired during marriage with income earned during marriage, it is community property and each party is entitled to one-half the equity in it. The parties can agree on everything except the house and let the judge decide how to handle getting both sides paid for the house.
    Answer Applies to: California
    Replied: 4/26/2016
    Diane l. Berger | Diane L. Berger
    Assuming you bought the house during the marriage, yes.
    Answer Applies to: Nebraska
    Replied: 4/26/2016
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Usually yes.
    Answer Applies to: Wisconsin
    Replied: 4/26/2016
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    In Kansas, an equal division of marital property is certainly the starting point. If all other things are equal, the divorcing parties will be awarded an equal split of the marital equity in the residence.
    Answer Applies to: Kansas
    Replied: 4/26/2016
    Home Town Law, P.A.
    Home Town Law, P.A. | Sabina Tomshinsky
    Typically you are entitled to half of the equity in the marital home. The division of the equity is often accomplished via a buyout/refi.
    Answer Applies to: Florida
    Replied: 4/26/2016
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    If the house is marital property then yes she is entitled to one half of the net equity.
    Answer Applies to: Florida
    Replied: 4/26/2016
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