Regarding house

UPDATED: Oct 1, 2022

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Regarding house

My husband and I will be filing for divorce early next year. In regard to my house. I am the purchaser of the house we currently reside. My husband is not on the mortgage loan nor on the title. However, he was on the title of the house we sold in order to purchase the current house. He had originally planned to take half of the proceeds from the sell of the first house but decided not to and moved with me into the new house. Therefore, 100% of the proceeds went towards the down payment. Is he still entitled to those proceeds?

Asked on October 30, 2018 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If he contribute some or all of the money used to purchase the home and the home was bought during your marriage, he certainly has a claim for at least a share of its value or equity. In a divorce, a judge will look at how much he paid for the home vs. how much you have paid (e.g. your share of the down payment; also how much each of you have contributed to mortgage payments, taxes, insurance, utilities, and upkeep) and decide on the disposition of the home and its equity. The judge could order that you pay him some amount, for example, either now or on the sale of the home; the judge will also determine who should be allowed to live in the home pending its sale (and when it may have to be sold), which determination will generally look at factors like the best interests of the children (if there are any) and where and with whom they should live, and also where you and he work and the affect on your lives of moving to a different home.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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