Legal Question in Family Law in New Mexico

The answer to your query is neither yes nor no. It is different. He will owe you one half of the value of the house less any amount he or you may have put into the house prior to your marriage. Let's say, for instance, that you and he bought the house in 2000 and the price was $150,000.00. Let's say you put down $25,000 from an inheritance you had. Then, between then and now you paid off the house. So, now that you are talking about divorce you call a real estate person and ask for a 'real estate appraisal.' The realtor says the house is worth $250,000.00. If your husband wants to buy your interest in the house he will have to pay you the $25,000 you put down (as it was your separate money) plus he will have to pay you 1/2 of $250,000.00. Then, he can have the house.

Please understand that I am giving you an answer in approximately 100 words that often takes several hours of discussion and many thousands of words. But, what I have described is the "nutshell" version of the bigger picture. There are other factors to consider; costs to be determined and trade offs and offsets to figure out. However, we should be clear the answer to the question you pose is NO.

This may be a real good time for you and him to visit with a lawyer and discuss your future.

Good luck.

Law Guru