# Equitable Distribution **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [July 1, 2009, 7:10pm UTC](https://forum.rosen.com/t/equitable-distribution/8308 "2009-07-01T19:10:39Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![ecsoutherncharm](https://avatars.discourse-cdn.com/v4/letter/e/dbc845/32.png) [@ecsoutherncharm](https://forum.rosen.com/u/ecsoutherncharm)\ **Post date:** [July 1, 2009, 7:10pm UTC](https://forum.rosen.com/t/equitable-distribution/8308/1 "2009-07-01T19:10:39Z")
If the final divorce is granted, what happens with equitable dsitribution of the marital home. I have requested that my ex sign off on the equity that she has of of the date of separation (I’m told that is how it should be calculated) but she thinks that she can wait 1 -2 years and see if the value goes up and collect more. If she doesn’t file for equitable distrbution, what happens when I’m ready to pay her off? I am obtaining an appraisal as well as comps for real estate agent to have proof of the value now even though we separated in Septemeber. What will I need to do if she does file before the divorce is granted in September? ---
**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\ **Post date:** [July 2, 2009, 12:57am UTC](https://forum.rosen.com/t/equitable-distribution/8308/2 "2009-07-02T00:57:35Z")
If you do not have a separation agreement which is signed and notarized by each of you dealing with the marital property you MUST file a counterclaim for equitable distribution at the time the divorce is filed or you will lose your rights for the court to divide martial property.