female breadwinner

[sadFLgirl]

My situation is different than most, I guess. I am the primary breadwinner, so the new house is my mortgage - he's not on it, but he is on the deed. He has moved out (3 months ago). We agreed to a simplified dissolution, but now he won't go file, says he wants half the equity in house - that he has not contributed a penny towards. We split profits from a house sale end of last year - he spent his half, I put all mine towards new house down payment. We don't have kids - we've already split our furry "children.". Is he really entitled to half house equity if he hasn't paid any money into it and doesn't live here? He is living with a friend in another county, and paying him rent, but has not legally changed his address.

[Lee Borden]

I can't tell you how your judge will perceive this, but I can tell you how I would if I were the judge. When the parties share equity from a house, that takes care of the house equity. If one of them invests the wealth in an asset and the other spends it on wine, women, and song, each of them is left with the consequences. So assuming your house is a function of ONLY the previous equity, it's yours.

On the other hand, if part of the equity is made up of other marital wealth (like a cash infusion from savings or the proceeds from the sale of a vehicle), you may have to share it with your STBX in some way.