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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27567
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My wife moved out 2 1/2 years ago and I have been paying the

Customer Question

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: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. What do you owe her?

Customer: replied 1 year ago.
The house is worth $350,000 with $46K still remaining, I will owe her $150k for the equity in the house.
Customer: replied 1 year ago.
I've paid $23K on the mortgage since she move out.
Expert:  FamilyAnswer replied 1 year 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.

Customer: replied 1 year ago.
She has paid $16K since she moved out, that leaves a difference of $7K from the $23K I've paid.
Expert:  FamilyAnswer replied 1 year 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.

Expert:  FamilyAnswer replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  FamilyAnswer replied 1 year 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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