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Divorce about Marital assets question?

Oakland, CA |

im planing to divorce next week.my husband paid off the house few years ago. we married in 2011, the house when we married is worth $600000,now is &700000, can i get half of $700000-$600000.my friend is 100% said yes. but i ask a lawyer she said no.i need the right answer

thanks

Attorney Answers 3


  1. Best answer

    Did your husband own the house before you were married? If so did he pay the house off before or close to the point in time you got married you would not participate in the increase in equity, i.e. the $100,000. If he paid the house off with funds that were earned after your marriage, then you have a claim for minimally one half of the amount of funds he used to pay off the house. If he owned the house before marriage and paid off the loan with separate funds prior to or immediately or in close proximity to the time of marriage you will nor receive one half of the $100,000 nor anything of any significant amount of value.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  2. Your friend gave you bad advice. The lawyer was probably right but there are other factors and you might (not guaranteeing) have a CP interest in the house. Please seek legal assistance.


  3. I agree with counsel and encourage you to consult with an experienced divorce attorney as soon as possible. For tips on finding the right attorney, please see the link below. Good luck.

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