Good day! My question is in regards to divisible property, specifically “except that appreciation or diminution in value which is the result of postseparation actions or activities of a spouse shall not be treated as divisible property.”
It’s my understanding that, legally, an increase in the value of a home after the date of separation but before the date of distribution is considered divisible property. If Spouse A is staying in the house after Spouse B left, spouse A has paid all of the mortgage payments both before and after the separation (only spouse A on mortgage, both names on deed), and spouse A has tried to find a settlement but it has drawn out for over 2 1/2 years, is there any legal foundation to claim that the increase in value in this situation should be an exception? (Spouse A’s postseparation actions of being the only person paying the mortgage and maintaining the house create an exemption and the increase in value is no longer divisible?)
The change in value over the past two years has been huge. The entire massive increase in value has been all the result of Spouse A paying the mortgage, even though only A is on the mortgage and both are on the deed. Is there a legal basis for asking for an exemption on this?
Thank you for your time.