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What are we each entitled to in our divorce settlement?

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Sale of House and Unequal Equity

  • Calisto
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18 Sep 12 #356495 by Calisto
Topic started by Calisto
I am seeking advice for a friend on the point of going through a painful divorce.

My friend had already owned her house for several years when she married her husband. He put no equity into the house. He is now abandoning her and their child. On the sale of the house, he expects to receive a full 50% share of the value of the house.

My question is, can my friend have their respective and unequal equity contributions recognized? And can she therefore receive a greater share of the sale value than her husband?

Thanks

  • Elphie
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18 Sep 12 #356505 by Elphie
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How long we''re they married. Generally, for a short marriage then yes, what is put in is taken into account but for A long marriage, it doesn''t matter who put in what. (and of they co-habits before the marriage then this is taken into account too)

However, Other factors are taken into account when sharing the equity, such as dependent children and who they are living with, the incomes of each person and how each person will be able to house themselves. So your friend might be entitled to more than 50%, particularly if their child will be residing with her and / or she has a low income than her husband.

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18 Sep 12 #356515 by Calisto
Reply from Calisto
Many thanks for your reply. I have research to do on this forum.

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