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how the house value is shared after a separation and divorce
Bronx, NY
Viewed 138 times.
Posted about 1 year ago in Divorce / Separation
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I got separated in February 2002 in New York City and eventually divorced which was finalized in October 2004. Since I have paid over $100,000.00 towards the mortgage payment plus repairs and maintenance on the house, will that amount come off my ex spouses' share if we sell the house.
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Answers (2)
Jacqueline Harounian
This attorney is licensed in New York.
Posted 10 months ago.
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You should refer to your divorce agreement and divorce judgment, because it is likely that the answer lies there. Normally when an agreement is negotiated on the marital residence, you should receive a credit for the reduction of the mortgage principal, as well as repairs for capital improvements. There should also be an understanding about who gets the tax benefits in writing off the mortgage interest and real estate taxes. The amount that comes off your spouse's share will be 50%, not the full amount, since you have a joint responsibility to maintain jointly owned real property. If you reside in the house and she does not, there may an adjustment due to the fact that the house is your residence and you have enjoyed the use of it. You should seek legal advice immediately if you do not have a written agreement or order that addresses the mortgage payments. Good luck.
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