Legal Question in Family Law in Connecticut
I have been married for almost 30 years. Our home is paid off. I made every single
mortgage payment on the house since I moved in in Jan, 1981. That amounts to
25 years of a 30 year mortgage. I also paid off 3 2nd mortgages, the proceeds of which all went to my wife. My wife steadfastly refused to add my name to the deed
on the house. Should we get divorced will I be able to recover my fair share
of my contributions to these mortgages. I have no hardcopy documentation that
I made all these payments but a check of ss earnings records would clearly show
who brought in the lion's share of income to the household and in turn who paid the
majority of the bills
3 Answers from Attorneys
If you were to proceed with a divorce, the assets accumulated during the marriage would be split equitably. This determination of an equitable split does not depend on who made the payments or whose name the asset, including real estate, is in. Generally with the division of real property, either one party purchases the other parties' interest on the property, or the home is sold with the equity being split equitably. This is general advice and is subject to a further review of the facts. If you need further help, you can email me at [email protected].
It doesn't matter who made the payments or whose name is on the deed. The equity in the property will probably be split 50/50 (unless you've been beating her for years or giving extravagant gifts to your girl friend or the like). The default in the system is to divide equally those assets which were acquired during the marriage, including the appreciation of an asset she may have had prior to the mariage. Alimony is a different matter. You can call me at 860.233.6336 John Heffernan
The court does not have to split the assets equally in all cases. Pursuant to the equitable distribution statute, in CT, the court looks at a number of factors. One of those factors is the parties contribution to the acquisition, preservation and appreciation of their respective estates. This would include the marital home.