skinut2234 Posted October 4, 2018 Share Posted October 4, 2018 In the process of divorce through mediation. Wife moved out of the house a year ago (her name is still on it). For the last year I have paid all the expenses for the house (mortgage-taxes etc etc)- She has not paid anything house related (we are going to sell it)- My question is- Is she technically responsible for any of this come sale of the house? Her income did not contribute to anything house related for one year- Should she get less when the house is sold? Not sure what others think on this situation Link to post Share on other sites
Artdeco Posted October 4, 2018 Share Posted October 4, 2018 She will be entitled to half of the sales price, minus expenses (realtor, taxes etc.), since her name is still on the mortgage. You can try to fight it, since she hasn’t contributed for a while now, but by law she’ll get exactly 50%, if you don’t make the effort to specifically convince her (or the judge) that her non-contribution be taken into consideration. 1 Link to post Share on other sites
ABernie Posted October 4, 2018 Share Posted October 4, 2018 I would tally the principal and interest that you have paid out since she moved out. My thoughts are - whatever the profits of the house are, subtract that and split the rest 50/50. The upkeep/utilities, property tax and home owner's insurance are moot. You would have to pay to live no matter what. She might argue interest as well. But principal should be yours! 1 Link to post Share on other sites
Orokotikki Posted October 4, 2018 Share Posted October 4, 2018 Am quite with ABernie on this. Artdeco may be right, but one of the benefits is you can push for the fairness which ABernie lays out in mediation (as opposed to contested hearings). Link to post Share on other sites
carhill Posted October 4, 2018 Share Posted October 4, 2018 Where's your wife living and, if independently, how do her housing expenses compare to yours? Are there children involved? What was the house valued at when filing for divorce versus now? IMO, the important thing to zero in on is what will motivate her to sign the settlement agreement. Put a value on that. Is there anything stopping you from putting the house up for sale today? Could you be divorced tomorrow if the settlement is agreeable? What are the timelines? 1 Link to post Share on other sites
Mr. Lucky Posted October 4, 2018 Share Posted October 4, 2018 I would tally the principal and interest that you have paid out since she moved out. My thoughts are - whatever the profits of the house are, subtract that and split the rest 50/50. And yet the OP did derive the benefit of using it as a residence during that period, while I assume his wife had to pay to live somewhere else. To me, this falls in the category of "which hill do I want to die on"? It might be worth it just to move forward and get on with your life... Mr. Lucky 2 Link to post Share on other sites
PegNosePete Posted October 5, 2018 Share Posted October 5, 2018 Questions such as these very much depend on all the other factors in your marital finances: your respective incomes, earning capacities, assets, debts, number and ages of children, etc etc. You can't look at each piece of the puzzle in isolation: you have to look at the big picture. It's also very much open to negotiation. Maybe you will give her 60% of the house value if she doesn't touch your pension? Maybe she will forego alimony if you give her 75% of the house? It simply doesn't make sense to just look at the house and ask how much am I entitled to. You should discuss this with your lawyer who has all the facts and figures in front of him. Link to post Share on other sites
SouthernIslander Posted October 5, 2018 Share Posted October 5, 2018 Questions such as these very much depend on all the other factors in your marital finances: your respective incomes, earning capacities, assets, debts, number and ages of children, etc etc. You can't look at each piece of the puzzle in isolation: you have to look at the big picture. It's also very much open to negotiation. Maybe you will give her 60% of the house value if she doesn't touch your pension? Maybe she will forego alimony if you give her 75% of the house? It simply doesn't make sense to just look at the house and ask how much am I entitled to. You should discuss this with your lawyer who has all the facts and figures in front of him. Good point. It is hard to say without knowing the whole financial picture and it’s probablt best to discuss with the lawyer. Link to post Share on other sites
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