The Law Office of Cathy R. Cook | Cathy R. Cook
You are entitled to one-half of the marital equity in the house. You can have your husband refinance and pull out equity to pay you or give you his share of another asset. If there are insufficient assets for this, it will have to be sold.
Answer Applies to: Ohio
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
Yes you can. I would suggest you get a professional appraisal done. Depending upon certain conditions you may be entitled to of the equity. In other words, if the appraisal comes back at say $200,000 and there is a mortgage and note in an amount of $100,000 there would be equity of $100,000. If you owner of the house, it would seem that you would be entitled to $50,000 to sign over your half. If however you are upside down on the house you may be responsible for of the difference between the debt and market value.
Answer Applies to: Florida
The St. John Firm | Stephanie Roberts St. John
You are entitled to 50% of the community property interest in any equity in the house. If the house was purchased during the marriage with only community property funds, you are entitled to 50% of any equity that exists. The Court can order a sale of the house, Then if Hubby wants it, he would have to buy you out.
Answer Applies to: California
John E. Kirchner, Attorney at Law | John Kirchner
If you and your husband cannot agree about what to do with the house, a judge will have to decide after hearing arguments from each of you. Assuming there is any substantial equity value in the house, it is possible that the judge could order him to buy you out as an alternative to forcing a sale and splitting the sale proceeds. That will depend, in part, on how much a buyout cost is, and whether or not he can pay it.
Answer Applies to: Colorado
Donaldson Stewart, PC | Monica H. Donaldson Stewart
If there is an agreement, he can keep the house and "buy out" your share of the equity. I recommend you consult with an attorney regarding the details of this type of agreement and whether it is in your best interests.
Answer Applies to: Arizona
Mary W Craig P.C. | Mary W Craig
If you are getting a divorce, and your husband wants to keep the house rather than selling it and splitting the money, then you are completely justified in asking the marital estate to reimburse you for your contributions to the house, whether that be in co-mingled money used to pay the mortgage payments, or whatever improvements you have made to the house. The judge must make an equitable settlement but equitable doesn't mean equal.
Answer Applies to: Alabama