If our divorce decree says to sell the house, however it has been on the market for 6 ywars, can I deduct any amount from my ex-spouses half of the sale proceeds?

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If our divorce decree says to sell the house, however it has been on the market for 6 ywars, can I deduct any amount from my ex-spouses half of the sale proceeds?

I’ve been living in the house paying the mortgage for past 6 years. Upon selling of the house, can I account for all these payments from my ex’s half of the sale price of the home?

Asked on July 30, 2012 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In other words you wish to have a set off for the mortgage and maintenance?  Maybe.  But probably not all of it.  If the house was rented would your ex be entitled to half of the proceeds?  Could staying in the home be considered beneficial to you as well?  I would speak with your attorney on the matter.  Good luck.


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