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re: Can I sue my ex wife for half of mortgage payments made?
Posted on 5/30/18 at 4:31 am to Commandeaux
Posted on 5/30/18 at 4:31 am to Commandeaux
quote:
My former lawyer told me once that he could tie her up in court by seeking half the mortgage payments that she didn’t contribute to if she was seeking half of the equity.
He gave you some very poor legal advice if he was referring to payments made during the marriage. Payments made after the marriage is over is another story.
This post was edited on 5/30/18 at 4:33 am
Posted on 5/30/18 at 9:59 am to lsufan1971
quote:
He gave you some very poor legal advice if he was referring to payments made during the marriage. Payments made after the marriage is over is another story.
This. You should definitely be able to recoup half of the payments made between the divorce and the sale.
As to payments during marriage, as previously mentioned, anything purchased from income earned while married is 50/50.
Did your wife work, and if so what did she do with her income? The only thing that I can think of that would make what your attorney said even close to correct is if her income went to something treated as "hers" in the divorce; any income she had during marriage, or anything she bought with that income, is half yours, regardless of whose name is used. Maybe she has some community asset that is being treated as solely hers to offset the house or something?
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