Correct me please, if I’m mistaken, but if you’re married, and one spouse gets a huge mortgage on the house you live in together…
but one spouses name is not on the loan, nor did she have any knowledge of it?
ISN"T THIS CALLED FRAUD???
It really depends on the situation. My guess is that the home is in only one party’s name?
It was in one party’s name when we married.
We have since done a complete remodel, which I am on the loan for…
So, let’s say it was in just his name. As well as the mortgage in just his name.
But with the remodel and the joint loan for such, does that change anything?
I’m freaking! All this debt, and I never saw a penny of it!
I might also add…it specifically states unmarried on the papers, and we were very married!
If the home was purchased before the marriage in one party’s name the home is separate property, however there is a marital interest based on the amount of work that has been put into the home during the marriage (active appreciation.)
The new loan on the home should not be considered a martial debt as it was taken out without your knowledge, and presumably not for a marital purpose.
In an equitable distribution the court should determine the amount of value of the home that is considered marital (without accounting for the new loan) and you should receive half of that amount.