Division of home equity
UPDATED: Oct 1, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Division of home equity
I live in Oregon. My wife and I are heading toward divorce. We have a home that since the day we bought it in Oct 2002 has had only my name on the title/deed/mortgage. The home was originally financed in my name only, as her credit at the time of purchase did not qualify her to be on the mortgage. At no point did she ever get her name added to the title/deed/mortgage. In November 2016 she left the home, moved to another city, essentially abandoning me and our home. She has never had her name associated with, or tied to, in any way the title/deed/mortgage on the home. In Jan-Feb of last year 2017 I refinanced the home mortgage again only in my name to save costs.
My question is this If divorce is to happen, is she legally entitled to any equity if the home is sold?
Thank you, Dave
Asked on January 2, 2018 under Family Law, Oregon
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The law in Oregon mirrirs the law in most states: property acquired during the marriage is marital property regardless of whose name it is titled in. Assumedly you paid the mortgage payments with marital funds, correct? I would speak with a divorce attorney asap. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.