Marital Debt


#1

My husband and I recently separated and have now sold our house.

I purchased my house in 2004 prior to our marriage in 2006. I put 300K down with 100K mortgage. We married (no pre nup) and then did a rennovation on my house funded by a HEL for 240K. My husband is now stating that he incurred an additional marital debt of 250K. It was a “hand shake” loan with no paper documentation from his brother. He has paid it off he says. He put the money into the rennovation. The rennovation was done against my wishes and he way over built for the neighborhood. The house just sold for 700K. After the HEL/mortgage payoffs, closing fees, commission, etc. all that is left is 280K. The 250K that my husband spent (over and above the HEL) was wasted money that we did not recoup during the sale.

My husband says he wants 50K of the 280K. I feel that I should get reimbursed for the 300K that was my equity. He says that his lawyer told him that he is entitled to 1/2 of the 280K. HELP??? How do we figure this out? How do I get credited for my equity that was put into the house prior to marriage?

Thanks!


#2

If he really incurred a loan and used the funds to make improvements to the house, he is entitled to one half the amount of the increase in value the renovations procured.