My husband and I split up in July 2013. The house we were living in was his previously his, however after living there for over three years, we decided to refinance in december 2012 and put the loan into both of our names. I left the house because I knew technically it was his house, however I have three kids (those of which are not his but they call him daddy) and moved into a small two bedroom house because renting was so much more expensive than our house payment. It is only him in the house and refuses to let me and the kids move in and refinance with just my name. At this point the house was appraised at $151,000 when we refinanced and we only owe $91,000. He has previously told me that he plans on selling the house once the divorce is final, but i am willing to have it refinanced and move in. But he wants me to pay him all the equity in the home even though there is $20,000 at least in repairs. What if anything can be done? Am I not entitled to any of the equity since we had it refinanced and i moved in prior to…making the house payments as well.
If he deeded the property into both of your names at the time of the refinance, he gifted the property to the marriage and the equity is all marital and should essentially be split evenly between the parties (if the rest of the assets have also been evenly divided). If the property is still in his name, the property will have both marital and separate components.