Hi. Married 3 years. Same sex marriage. We bought / built a house. both put money into it. One wants the house and is trying to get the other one to leave. She won’t cooperate. She won’t get a home equity to pay off the other and she won’t sell. What is common in TN? No children. Both have own cars. This would be to split the house and contents. One who is asking to split the equity is on deed but not mortgage. Can the other one try to get a home equity loan without her knowing? We need advice and also lawyers who handle this. Thank you
Consult an attorney. Typically, my judges will split the equity, but need to know when this happened/where money came from, etc. My experience with contested same sex marriages is that many factors come in and your judge may matter. We had one recently where a short term marriage/ long term relationship ended up with a ton of alimony. I've had some that were treated completely short term. Sit down with someone and give them the details.
Obtain on consultation. Divorce laws apply to any marriage seeking a dissolution, and every case turns on the facts.
Any information provided is intended for general informational purposes only. This is NOT legal advice, and no attorney/client relationship has been created. You should consult directly with an attorney to obtain answers to any legal questions.
The divorce Court will equitably divide the marital assets including all real estate. Marital assets are generally defined as anything acquired by either spouse during the marriage unless the asset was obtained as a gift or through an inheritance. There are exceptions to this general rule. While an equitable division doesn't always mean an equal division; courts often start off with that presumption.
There are a number of ways that the equity from a home can be divided between the parties. How to facilitate the division in this case will depend on the particular facts of your case. Options include refinancing the home and cashing out a portion of the equity in order to pay the spouse who is moving out of the marital home for his or equity in the home; placing the home on the market and splitting the proceeds once the home is sold; paying out the other spouse's equity with other assets; ect. If you can't reach an agreement on the issue, than the judge will make a determination on how to split the marital proceeds. I would advise hiring an attorney in order to figure out the best course of action given the particular facts of your case.
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