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

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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

Answers:

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

Answered 5 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.


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