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My wife moved out 2 1/2 years ago and I have been paying the…

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My wife moved out 2...
My wife moved out 2 1/2 years ago and I have been paying the mortgage and upkeep of the house. We are now getting divorced. I am going to keep the house and give her half of what equity we have in it, can I take that portion off of what I owe her?
Submitted: 2 years ago.Category: Family Law
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2/2/2016
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,466
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good afternoon. What do you owe her?

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Customer reply replied 2 years ago
The house is worth $350,000 with $46K still remaining, I will owe her $150k for the equity in the house.
Customer reply replied 2 years ago
I've paid $23K on the mortgage since she move out.
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

Thank you for the additional information. This is something which you can try and argue with the court, to offset what you will need to pay her. However, you want to keep in mind, that she has incurred the cost of living some place else, so you would want to find out and know, what she has been paying all this time, since if you tried to recover what you have paid, it would be on top of what she would have paid for her rental, so it could end up being more then the mortgage. You can propose to her a buy-out amount, since you will be living in the home and have been paying the mortgage down but if it can not be agreed upon, the Judge will decide.

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Customer reply replied 2 years ago
She has paid $16K since she moved out, that leaves a difference of $7K from the $23K I've paid.
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

Then you do have a good faith basis to ask that the $7k be deducted from what you would owe her, if the equity is going to be split 50-50. You have paid the mortgage and maintained the home, so can ask that those costs be deducted/offset.

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Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

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Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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FamilyAnswer, Lawyer
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