What isa wife entitled to ina divorce if there are no children and the house is the only asset?

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What isa wife entitled to ina divorce if there are no children and the house is the only asset?

My wife left me almost a year ago. I petitoned for divorce which could have been settled in last month but she has counter petitioned and wants money. There are no children and the only asset is the house for which I put down the deposit of 60k. It has an unfinished 2nd level. Currently the house is worth $330k but we owe 250k (estimate) need 20-35k to finish the upstairs. I have been paying the full mortgage; she has not contributed any money to the house in 11+ months.

Asked on January 19, 2011 under Family Law, Connecticut

Answers:

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

Answered 10 years ago | Contributor

This is really not the forum to determine how the asset is to be divided and really, if you dispute the division, then the court will decide it and who can ever really know how that will come out when all the elements are factored in.  In Connecticut a court decides the division of marital assets through equitable Distribution.  The division is "equitable" not necessarily equal.  I would make an argument that you should be credited with paying the mortgage and the upkeep on the house over the last year.  But you yourself state that there is approximately $80 in equity. Is that with or without the money needed to finish it?  That may come in to play.  If it is without then she could make an argument for $40 (minus your payback amount).  If it is with the work finished then say there is $50 in equity and she could make an argument for $25 minus the amount to pay you back.  Fault is not an issue here.  It is purely numbers.  Seek legal help. 


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