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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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Divorced 17 years ago but did not sell joinly owned home.

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I am ready to sell a joinly owned home after a divorce 17 years ago. Re-reading the divorce papers, my spouce gets half of the house at time of sale. Having made mortgage payments, insurance payments,tax payments, and property maintenance for 17 years, it does not seem fair to sell the home and give the x-spouce half of earnings from the sale. The home had $14,000 equity at the time of the divorce and the market was down below purchase price at the time of the divorce. What can or should I do?

Hello,

If the original order calls for him to get half then you are required to do so. The expenses that you occurred over the last 17 years were expense you took on for living in the home and thus it is unlikely the judge would consider changing the original order.

Your only other option is to not sale the home or petition for a modification of the original order based on the funding you have put into the home. I will be honest.....you will likely be denied. The expenses you paid you would have paid to live in a home regardless and this has little effect on his rights to half the home.

If you do wish to change the order I would strongly advise you to seek legal counsel to fight this for you based on the difficulty of the situation.

Walter

Walter and 5 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
17 years ago, the order said the male can live in the house until it is sold at which time the proceeds would be split. The male made all the payments and the female, who moved out, made no payments. If the male decides to rent the house, would the female be entitled to half the rent since it is jointly owned?