Legal Question in Family Law in Virginia
Distribution of profit from sale of house
I have been married for 3 yrs and purchased my home a little over 3 yrs ago. So I was not married at the time of home purchase but my husband did contribute money to the down payment. My name only is on the mortgage and deed. He hasn't contributed toward house bills (nor has he paid his own bills) in the past 3 months, yet he still lives in the house, since I can't kick him out. He has had 5 jobs in less than a year (and is currently unemployed) and is a drug addict. I have been at the same job for 10+ yrs and have always taken good care of my home, paid the bills on time and have put alot of money into the house. My question is: is he legally entitled to 50% of the profit from the sale of the home? I don't plan to try to take 100% of the profit, but I think it would be extremely unfair if he received 50% when he so clearly does not deserve it. I was thinking more like 70/30. I have a consultation with a divorce lawyer in 3 weeks, but this question has been knawing at me. Thanks for your time.
3 Answers from Attorneys
Re: Distribution of profit from sale of house
While there is no statutory presumption of a 50-50 split, you would want to be able to present evidence of the monetary and non-monetary contributions each of you has made to the house. The question will ultimately be how much, aside from his down payment, did he contribute to the increased value of the house while you were married.
Re: Distribution of profit from sale of house
I don't agree with either answer from the other lawyers.
I think he gets nothing. The house was your separate property - he had separate property which he added to your separate property. The result is not marital property. You were not married at the time of the contribution and unless he made you a loan that you made a contract to pay back, he does not deserve repayment. None of the equity in the house is marital property.
And you can kick him out. Divorce is one way but since his name isn't on the deed or the deed of trust, he has no property interest (and I say he has no marital interest). Because this is true, you can evict him like any other landlord.
See what your lawyer thinks of these ideas.
Good luck.
Re: Distribution of profit from sale of house
The lawyer with whom you consult will likely tell you that his interest in the home is somewhat limited, probably not much more than whatever percentage of the down payment he provided.
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