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AttySince1978
AttySince1978, Lawyer
Category: Family Law
Satisfied Customers: 931
Experience:  Family Law for over 20 years, which included acting as settlement Judge in the Family Law Courts.
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My husband filed for a divorce in the state of Georgia. I

Customer Question

My husband filed for a divorce in the state of Georgia. I have a pre-marital home for which he is asking for equity settlement. We have been married almost 3 years (August 12, 2006). For the 1st 11 months of our marriage he did not contribute any money to the household. Then he started giving me $1500.00 for about 8 months.   For the past 12 months he has been providing about $3000.00 per month due to my job loss in a downsizing.   The value of my home has decreased over the last couple of years due to the declining economy and foreclosures in my area, however I still think I have about $40,000 in equity.   How much of my equity is he due considering the 3 year marriage and his contributions as described above.   Thank you
Submitted: 7 years ago.
Category: Family Law
Expert:  AttySince1978 replied 7 years ago.
Since you came into the marriage with your home than it should remain yours unless you have given a portion to him by gift. This is normally evidenced by a change in title whereby the husband's name would be added to the title along with yours. However, if this was not done than it demonstrates that you did not want him to share in your pre-marital home and it would be extremely difficult for him to prove that he is entitled to any interest.
Sometimes this can be done if the husband is making the home payments throughout the marriage and the property increases in value.
The facts indicate that he was very sporadic in providing the marital relationship with any monies at all. From the facts as you present them, it appears that your husband did not make any house payments. How can he show that the property is partially his especially if the value has gone down. You should at least receive back the equitable value of the property that you came into the marriage with. The property has decreased in value and has not gone up in value. Your husband cannot show that any payments towards the property increased the value of the property in question. If the equity had increased than he may argue that he is entitled to a portion of the increased equity.
Since there is no increase in equity than he is entitled to nothing.

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Thank you and good luck.
AttySince1978 and 2 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.

Thank you very much for your response. I can sleep a little better at night now. I have more questions. Since I am low on funds. Is there a way for me to pay a flat fee and get all my questions answered. How do I request you AttySince1978 to respond to my question.

 

Pat

Expert:  AttySince1978 replied 7 years ago.
You can ask me the questions which I will answer on your behalf. You can put down a fairly substantial amount and personally ask for me AttySince1978. I will be as fair as I can possibly be with the fees.