Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 4 months 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: 874
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?

Ask Your Own Family Law Question
Customer reply replied 4 months 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?

Ask Your Own Family Law Question
Customer reply replied 4 months 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 4 months 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: 874
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Sean K Your Own Question
Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 874
874 Satisfied Customers
Experience: Family Law Attorney in Private Law Firm

Sean K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I'm getting a divorce in florida. About 6 months before our
I'm getting a divorce in florida. About 6 months before our wedding, I purchased a home in my name only. I put down $122k (a portion of mothers inheritance, a loan against my 401k). he gifted me 40k f… read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
My wife has currently 25K in debt in credit cards under her
My wife has currently 25K in debt in credit cards under her name, i have none, she has the option of getting a loan equity on her home, (i say her home because its only under her name), but still ia m… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
I am getting divorced after a one year marriage and I am
I am getting divorced after a one year marriage and I am working on tracing financials for ADR. After we got married I added my husbands name as a joint owner to all of my accounts. Then my husband di… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
My husband and I are splitting up after 13 years of
My husband and I are splitting up after 13 years of marriage. I came into the marriage with a good deal of equity. He was a recent immigrant and had almost nothing. We want to resolve things amicably … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
Y state, (Louisiana) wife owned the house before marriage,
Y state, (Louisiana) wife owned the house before marriage, am I entitled to half of house payments during the marriage or just half of the principal payed during that time? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,612 satisfied customers
Pre-marital Home: My wife is demanding that I put her name
Pre-marital Home: My wife is demanding that I put her name on deed to house. The house is pre-marital. I have paid the mortgage from a joint checking account. She has worked only 2.5 years of our 6 ye… read more
Loren
Loren
578 satisfied customers
I am filing after 10 years. I am not on the title of the
I am filing for divorce after 10 years. I am not on the title of the house but have been paying for it the whole time. How can I make sure that I get my split of the equity earned during the marriage?… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
I live in Wisconsin and have been married years. My (soon to
I live in Wisconsin and have been married for 2 years. My (soon to be ex) wife moved in 1 year before we were married. She was not contributing to monthly house expenses for the first 6 months but pai… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I was reading the kaaa v kaaa, I think it was an opinion by
I was reading the kaaa v kaaa, I think it was an opinion by the supreme court, in that document they cite a statute that says "if a property is solely encumbered by marital debt, then the property is … read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I live in the state of Florida. Prior to my marriage I purchased
I live in the state of Florida. Prior to my marriage I purchased a home. I have been arried a year and a half I did not put my husband on deed or mortgage I do not pay mortgage out of marital funds I … read more
LegalGems
LegalGems
Juris Doctorate
12,599 satisfied customers
In the state of Virginia, I have been married than
In the state of Virginia, I have been married for less than 1 year. I purchased a home 2 months prior to getting married. My wife left our marital home in November and now wants half of all my assests… read more
Alex J. Esq.
Alex J. Esq.
Managing Attorney
Doctoral Degree
2 satisfied customers
I want to know if I decide to divorce, what can I have after
I want to know if I decide to divorce, what can I have after this. We have a 8-year-old daughter. My husband bought three properties (2 houses and 1 apartment) before our marriage. He has two mortgage… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
My wife bought a house worth 189,000 in 2000. When I was put
My wife bought a house worth 189,000 in 2000. When I was put on the deed in 2002 the house was worth 305,000 and the mortgage was 149,000. When I vacated the premises in Aigust 2009 the mortgage was 1… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
67 satisfied customers
my husband bought a house before we got married, the same year
my husband bought a house before we got married, the same year we refinanced for a morgate of 90.000, we both signed, the value of the house is 190.000 we have been married 18 years, does have of the … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I bought property before I got married. My wife and I had agreed
I bought property before I got married. My wife and I had agreed to an uncontested divorce. Now she sees on the form the equity and has demanded a quarter of it. We lived together for 3 years and not … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
me and my husband are doing a seperation agreement and we are
me and my husband are doing a seperation agreement and we are stuck one one part. MARITAL HOME 15. The wife will transfer her interest in the marital home to the Husband free of all encumbrances upon … read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
I RESIDE IN THE STATE OF NEW JERSEY, SO I NEED A LAWYER WHO
I RESIDE IN THE STATE OF NEW JERSEY, SO I NEED A LAWYER WHO KNOW THE STATE OF NEW JERSEY DIVORCE LAWS. I GOT MARRIED ON 9/23/07 (THIS IS MY 2ND HUSBAND) IN MY FIRST DIVORCE MY HUSBAND PAID OFF MY HOUS… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I am confused. In my divorce, my wife owned the house we lived
I am confused. In my divorce, my wife owned the house we lived in prior to marriage. She owned a 1st and a 2d mortgage at the time of marriage. The 1st was refinanced during the marriage and I signed … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x