If the house we shared is legally my ex-wife’s, does she have to pay me half of what the house would sell for on today’s market?

She has the house and contents and she told me to leave as she has found someone else.

Asked on September 4, 2011 under Family Law, Alaska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the home that you shared with your soon to be former wife is legally her separate property and you have no ownership interests whatosever in it, you will receive no equity interest in it when your marriage is dissolved by a court order and the assets and liabilities of the marriage divided out.

When assets and liabilities of a marriage are divided out in a marriage, they are done so if they are assets of the marriage. Separate property of an individual do not become assets of the marriage unless they are either comingled with marital assets or are intended to be given to the marital community. 

Separate property of one spouse is that spouse's own property and unless comingled or given to the marital estate are not an issue for division during a marital dissolution.

 


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