Legal Question in Family Law in Idaho
Home equity
A home was purchased with my wife filing a quit claim
deed originally. She was never added. During divorce
in a community property state is she entitled to 1/2
equity
2yrs later?
What constitutes 'abandonment'?
My wife was having an affair and desired to be single
and moved out of the house. No money was offered for
support of any kind but she insisted we lived in a
community state and wanted 1/2 of everything. We
purchased our house with her filing a quit deed due to
qualifying reasons initially. She was never added.
She has taken several items from the house of monetary
value assuming I keep equity in home. I wouldn't give
her crap if she doesnt have the 1/2 equity as a
bargaining tool.
Basically, she walked out a week later she wanted to
start dividing our stuff and assumed she was also
entitled to 1/2 the equity?
--name removed--
1 Answer from Attorneys
Re: Home equity
She is entitled to half the equity if you paid the down
payment from community (marital) funds, paid marital funds to pay
the house payments, and the house has appreciated in value during
your marriage. However, if you paid for the down payment with
funds you earned prior to marriage and didn't commingle the funds
with the marital funds, you are entitled to deduct that amount
before you determine the marital community and divode by half.
It doesn't matter if she didn't make any payments, however,
if you are separated and filing for divorce, generally you can date
the time of determining what the community funds paid into the house
were. The date of the determine relates back to the date you file
a motion in divorce court for a determination of community funds.
I charge $120 per hour for the work I do and I usually charge a
retainer of $1000 for divorce cases. 345-3817-Telephone number
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