Legal Question in Family Law in Connecticut

I am moving out of my house and into a condo and my ex-husband is moving in as i cannot take on a huge mortgage, we were hoping to sell and split the money, but my ex refinanced twice and there is no equity at all, and he owes more than it's worth, my question is some day if he decides to sell can't i ask for half the proceeds? i was told a judge will not care about the future equity, all that matters is what it is worth now, is that true? i am on the deed not on the mortgage. I do get half his pension in the future but that hasn't happened yet either yet the judge said i get half.


Asked on 9/27/12, 4:56 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

If your name is on the deed (and if the divorce decree does not award ownership to the ex), then when the ex sells the property in the future you can certainly insist on your half. As to the pension, if the divorce decree awards you half his pension (as valued at the time of the divorce, not its future growth) then you must have the pension divided now with a document called a Qualified Domestic Relations Order (QDRO). If you had a lawyer, he/she should do that for you. If you didn't have a lawyer, shame on you. But get that QDRO done or you may lose your rights to the pension.

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Answered on 9/28/12, 6:07 am


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