Calculating House Sale Proceeds


#1

My ex and I separated in Sept 2008. We divorced in Jan 2010.
I have lived in the jointly-owned marital home and paid mortgage, property tax, and insurance since Sept 2008.
We had no agreements about who made what payments. I just did it.

The Interim Distribution Order states:

  1. The residence at xxxxx was purchased during the marriage, and there is no issue regarding the residence classification as marital property. Further, there is no issue that the proceeds form the sale of the residence shall be distributed to Plaintiff and Defendant equally.
  2. “After payment of all costs, fees, and reimbursement for improvements and repairs, the remaining sum shall be divided equally between the parties.”

So, now there is a contract on the house.
I maintain that when we calculate proceeds, I get credit for the principal reduction on the home mortgage since the date of separation.
That is, if the mortgage principal was $100,000 when she left in Sept 2008, and since then I’ve paid the mortgage down to $80000, at closing I get the $20,000. This is in line with everything I’ve read on this site and elsewhere.

She says that the mortgage payoff amount is $80,000 and I get no credit.

Who is right?
Is there a statute or case law that covers this?

Also, is she liable for any of the property taxes I’ve paid on the property since she left?

Thank You!

rprprp


#2

The order states that the proceeds are to be divided equally, and so you will not get credit for principal reduction at this time, but may apply to the court to award you the same at the final distribution of the marital estate.