Divorced man needs your opinion?

Question

This is the short version.

I'm 39, I was married for 20 years. My wife and I purchased a house together 11 years ago. Through the divorce she ended up with the house. This was mostly due to her income was double what I made and stability for our son. We also took a home equity loan against the house several years back which I inherited half of that debt. Recently she sold the house 4 months after the divorce.

Q: Is it wrong of me to expect any of the capital gains from the sale of the house??

FYI - I would never ask for any and up to now she hasn't offered. Maybe I feel a little hurt.

Answer 1

If she got the house straight, flat out in the divoce, then the equity is hers......I'm surpirised that in the divorce she didn't have to buy out your part of the equity.

Any lawyer worth his/her salt would have raised the issue.

Answer 2

I feel your question is a bit vague, but I'll give you my opinion as single mother that I am. First of all, she is caring for your kid, are you paying child support? Secondly, who has put more money into the payments of the house? Third, was the divorce due to an ifidelity on your part?

If you're paying child support, then I'll think you have some rights to some money. If she's put most of the money, then you should get some money since you've invested. "IF" only "IF" you committed adultery, then I don't think you should get anything, don't freak out on me. I'm not saying you did.

Then again, what was your agreement like? What did the judge ordered when you guys got divorced? Lastly, like you said, you wouldn't ask for any, so maybe, yeah, you seem to feel a bit hurt.

Just give it time, maybe she'll give you some when she is not so emotionally involved. Again, I don't know your situation to really say much.

Hope you feel better, meanwhile, enjoy your life, take care of your son, and HEY! start over again, this time, when you buy a house make sure to have an agreement with that other significant other.

Good Luck ;)

Answer 3

If you purchased the house together and continued to jointly make the payments, then you should definitely expect part of what she got in the sale.

Just because she ended up with the house doesn't mean you get the shaft because she sold it. How can she sell it if your name is also on the deed? She would need your agreement and then you would receive some of the sale money.

If your name is not on the deed or you didn't help make the payments, then your really shouldn't expect anything.

The loan is separate from the actual purchase of the house, so you do owe half of that debt.

Answer 4

What did the home equity loan pay for?

At the time of the divorce settlement, you should have been allotted a portion of the equity of the house if the house was granted to her. Then, she would have to refinance the house in her name (without you). Or, did you sign a quit-claim deed? (That would keep you liable under the mortgage but prevent you from claiming any ownership in the house. A bad deal!)

If you had your own divorce attorney, s/he should have ensured that the split was fair.

Answer 5

SHOULD you get half of the capital gains from the sale of the house - yes - ethically, that is. WILL YOU get half? Chances are slim. And if a court ordered her possession of the house and you to have no claim, you're out of luck. I think usually they have whoever is keeping the house "buy out" the other person way back when the divorce proceedings are going on.

So, in a nutshell, don't hold your breath.......

Answer 6

No, whatever was done with the lawyer at that time, is the way it stands now. The house is hers to do as she pleases, and has no bearing on you. If she is taking care of your son, she needs the money she makes to continue to do so, and perhaps to use it to purchase a nicer house. In that event, there are no capital gains, and if she lived in it for at least two of the past five years, there are no capital gains to pay.

Answer 7

Unfortunately when it comes to divorce once assets have been divided up in the decree that's all there is too it. If she got the house then it's hers to do with how she like. It sucks but that's just way the ball bounces. Maybe you could talk to her or your attorney about repayment of the loan since it was taken out on the house.

Answer 8

NO its not wrong. I don't know about legally but technically you guys were "partners" when you purchased the house so both of you should benefit from the capital gains. Especially if you acquired debt because of the equity loan.

Answer 9

No u r not wrong for looking for something back. You were married to this woman for 20 years and though I dont know the entire situation, I am sure u helped pay for the house. You are legally entitled. I am so sick of women taking everything from divorces. I am divorced from my first husband whom I despised, If we hadve built anything together, it wouldnt have been a question of whether or not he'd get his share. You never prosper from being unfair. No, u r not wrong.

Answer 10

I think you should be entitled to some of the money. The same thing happened to me. He sold the house and I got Nothing. He put everything in his mothers name so it looked as though he had no money. Get yourself a lawyer and see what your options are. Don't feel hurt, get mad. I am sure if the shoe was on the other foot as thye say she would have no problem getting money from you.

Answer 11

I don't know about the legal ramifications, but if I inherited half the debt, I would certainly expect to see half the gains 4 months later. Call your divorce lawyer and ask him