A friend is getting a divorce after seven years of marriage. His house was given as a gift to both for the wedding by her parents. His name is on the deed and he has been paying the mortgage for 7 years. There is around 600K equity on house should or can he take half? Is it ethical. I'm thinking if roles were reversed she would absolutely take half. Is that good enough reason for him to do the same?
2007-07-02 07:08:18 · 26 answers · asked by chillypowder 3 in Family & Relationships ➔ Marriage & Divorce
I would say half of that house belongs to him, especially if he's been making payments and all on it. A problem in today's society, I think, is women want to be equal when it comes to everything but this. Equal wages, equal respect . .blah,blah,blah. Until, it's time to get divorced. Then they start playing the poor, pitiful me card 'Where will I live? Who will take care of me? . . . '.
It's disgusting that a man should work hard and long for what he has and be expected to turn everything over to a woman if they go their seperate ways. It's not fair or right and I'd say he's entitled to at least his half.
2007-07-02 07:16:20 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Absolutely YES!!! Your friend needs to check with the company that is holding the mortgage to see if he can force a sell of the house and get 1/2 of the monies after the mortgage company is paid off. Some states will not allow spouses to sell in the event of a divorce because neither party actually owns the house the mortgage company does. If his state does not allow such sells then legally he can still live in the house and she can not make him move out but if that should be the case then he needs it listed in the divorce papers that she will be responsible for 1/2 of their incurred debt while married. If he chooses not to stay in the house and let her take it over then he needs to go to the mortgage company and request that his name be removed from the mortgage and that she will be solely responsible for the remaining debt starting on a certain date.
2007-07-02 07:22:44 · answer #2 · answered by cajun_queen_1970 2 · 0⤊ 0⤋
A gift is a gift. If it was given "to both" of them (as you say), then it belongs to both of them. By the way, if the house was a gift, then why has he been paying on it for 7 years? I'm assuming the down payment was a gift. In any case, half of the equity belongs to him and half of the equity belongs to her. There is no other way to make it fair. If they don't like the financial implications of getting a divorce, they could always stay married. Marriage counseling costs much less than $300K!
2007-07-02 07:18:44 · answer #3 · answered by historybuff33 3 · 0⤊ 0⤋
A gift is a gift. Sure the house was intended for both their use in a marriage that was to last until death did them part, however, one cannot determine the use of a gift after it is given. He is entittled to his share. Nothing unethical about that. Just disappointing for her and her family I'm sure. That's life.
He should sort this out with a lawyer.
2007-07-02 07:14:06 · answer #4 · answered by amazingly intelligent 7 · 0⤊ 0⤋
It's not a good enough reason for him to take half the house just beacause if the roles were reversed she would. What IS a good reason, is that it was given as a gift to both of them as a wedding gift. He is leagally ENTITLED to half of it.
2007-07-02 07:12:35 · answer #5 · answered by fox 2 · 1⤊ 0⤋
Most definitly, it was a gift and therefor he is entitled to half of it. Speaking from experience I let my ex have our home and I should have never done that, it has screwed with my credit ever since. Had I to do it over again I would sell the home and split the money.
2007-07-02 07:22:47 · answer #6 · answered by April D. 1 · 0⤊ 0⤋
It's just as much his as hers. I don't know how it ws given to them if they are paying the mortage, but regardless. It was given to THEM. THEY own it. They should split any proceeds of selling it. If they were forced to sell it because of the divorce and they lost money, he would have to pay half of the expenses.
He deserves half the money. If he doesn't want it then he should take it and donate it to a cause or put it in a nest egg for when he retires.
2007-07-02 07:18:38 · answer #7 · answered by Spiral Wizard 3 · 0⤊ 0⤋
Laws are different state to state.
call a few lawyers and ask the same question.
** If the house is NOT in either's name then neither would get any thing.
if they are already divorced then it's over, what's done is done, nothing can be said any more.
if the house is in either spouces name then YES they can have half.
2007-07-02 07:14:44 · answer #8 · answered by Anonymous · 0⤊ 0⤋
The proper question is why shouldn't he be entitled to half the value? You gave us insufficient information to say.
That said, the length of the marriage is of no consequence, nor that it was a gift to the couple or that his name is on the deed.
2007-07-02 07:12:59 · answer #9 · answered by Sgt Pepper 5 · 0⤊ 0⤋
Make a list of what you want and he should do this same, I just went through this after 30 years of marriage. I feel for you, this is a hard thing to do.
2007-07-02 07:15:32 · answer #10 · answered by kim t 7 · 0⤊ 0⤋