Equitable distribution experiences


#1

I am going to repost a question I posed a few weeks ago in hopes someone on the forum would be willing to share their personal experience with a similar situation. Erin Clarey of Rosen responded to my initial question and left me extremely hopeful, but other attorneys at other firms are giving me different information. I’m only a signature away from signing a contract with Rosen Law, but I’m terrified to proceed with filing for ED (spending money I don’t have) until I feel more confident that the home will be considered 100% marital property. Other attorneys have said the equity in the home will only be considered from the date of marriage through separation. Has anyone been in this position?? Thanks for any advice any of you can provide. I’ll copy my information below …

[i]Husband owned home for five years prior to our marriage. We lived together one year followed by a marriage lasting 13 years. I worked the first 3 years of our marriage then became a stay-at-home mom of our two adopted children (one with special needs). I was a totally dependent spouse. He paid the mortgage but I believe both names are on the deed. I moved out of our home a little over a year ago. We share the children equally, and custody has never been an issue. Even though I would not legally qualify for spousal support, he initially agreed to pay my expenses including rent for 3 years (in writing between us but never signed - Thought we were good enough friends - stupid me) in lieu of my seeking property division, but he recently ceased any assistance.

Questions:
Will the home we shared for 13 years and the home where we raised our children be considered marital property?

If divisible, what would we be dividing (the total equity in the home or the increase in equity from the date of marriage through the date of separation)?

He has stated that any money he has provided to me so far would be subtracted from the “pot” since I don’t qualify for spousal support. Is this true?

Thanks in advance!seekingpeace

Posts: 1
Joined: Wed Sep 02, 2009 12:43 pm [/i][/i]


#2

Our equity was based on the date we were married through the date of separation.
You’re entitiled to a percentage of the INCREASE in equity from the time of marriage through the date of separation.

Why are you not legally eligible for spousal support if you we a dependent spouse?

What he has paid out doesn’t deduct from ‘the pot’. Unless you had a signed and notarized agreement to that effect, then I don’t think what he’s paid for your support is deducted for the ED amounts.


#3

Thanks, comingclean2. My name is on the deed. Was yours? Some attorneys are saying since he added my name to the deed the home then became a “gift to the marriage” making it 100% marital property, yet others are saying they will base the distribution on the increase as you stated.