How about this crazy situation.
Bob and Mary were married and purchased a home together in 2008. Less than a year later, in 2009, their relationship broke down and they legally separated. At that time, Mary retained an attorney and drafted a formal Separation Agreement, which outlined the distribution of all marital assets—including the marital home. According to the Agreement, Mary was awarded the house.
However, within weeks, Mary realized she could not afford the financial responsibilities associated with the home. She voluntarily vacated the property and moved in with her then-boyfriend, with whom she had been having an affair. From that point forward, Mary began a new life, and Bob remained in the home.
Over the next 16 years, Bob solely paid the mortgage, property taxes, insurance, and maintenance on the house. Despite the separation, the couple never finalized their divorce. One primary reason for the delay was that Mary remained covered under Bob’s employer-sponsored health insurance, which she utilized extensively. To maintain this coverage, they remained legally married, with Bob’s consent. It is important to note that Bob and Mary have lived entirely separate lives since 2009, with no romantic involvement or cohabitation.
In 2025, Bob finally filed for divorce. Now, Mary is seeking half the equity in the house—despite having abandoned the property 16 years ago and making no contributions to its upkeep or financial obligations since.
Does Mary have a legitimate claim to half the equity in the house at this point? What legal protections does Bob have, if any? If it goes to equitable distribution, can Bob deduct the entire mortgage payments he contributed and include principal AND interest? Maintenance? Repairs?