How much equity is my ex-husband entitled to from the sale of our house?

UPDATED: Sep 30, 2022

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How much equity is my ex-husband entitled to from the sale of our house?

When our divorce is finalized the house was underwater so I opted to stay in

the home with the 5 children. I have been paying the mortgage without any assistance from alimony or child support. The title is still under both names until the house is sold. When it does sell, what amount of equity is my ex-spouse entitled?

Asked on September 7, 2016 under Family Law, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your divorce decree controls who get what and how much.  If the decree awards you the house, then you own the house (regardless of the name on the title) and you would be entitled to all of the proceeds after the sale of the house.  If the divorce decree says the house is to be sold and that the proceeds after sale should be divided a certain way.... then the decree controls.
Basically... your decree is the rule book for the sale.  If the decree is silent, then you have two options.  Sale the house and gamble on the title company distributing the proceeds fairly.  Your second option is to go to back to the divorce court and ask them to clarify the property division, including ownership of the marital residence.

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 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.

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