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My question is about the marital home. Delaware. House was…

My question is about...

My question is about the marital home.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No

Lawyer's Assistant: Family law varies by state. What state are you in?

Delaware

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

House was in her name prior to marriage. But I was added to title. I have her half equity in house in cash. Mortgage is in her name only.

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Customer reply replied 1 month ago
Do we split the equity equally?
Answered in 14 hours by:
3/18/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 407
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

First, I need a bit more information.

How long have you been married?

After your marriage, were mortgage payments made on the house?

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Customer reply replied 1 month ago
Less than 1 year. Yes mortgage payments were made after the marriage. We split all the bills.

So married less than one year, your name is ***** ***** title - how long prior marriage did she have the house?

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Customer reply replied 1 month ago
She co owned it with her ex husband since 2003. They divorced she bought him out in 2016. She owned the house since September 2016.

So Delaware is what is known as an equitable distribution state meaning all marital assets are divide equitably. That does not automatically mean 50/50, but it may mean that.

In your case, I believe that the home started out as non-marital property when the two of you got married. While she had owned the home with her ex-husband since 2003, it appears from the information you provided that she did not own it outright until 2016. While a marriage of less than a year is a very short marriage, if your name was put on the home and during the marriage the two of you shared in the bills, the house has in all likelihood taken on some marital character. I am reluctant to say that it is 50/50 but by putting your name on the home and bills being paid jointly, particularly the mortgage, she has allowed you to have part of the house and from the equity you should be entitled to some share.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Thanks for the information .

Most certainly welcome!

5 start ratings are always appreciated and you can ask further questions after rating.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 407
Experience: Family Law Attorney in Private Law Firm
Verified
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Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 407
407 Satisfied Customers
Experience: Family Law Attorney in Private Law Firm

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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