Is my ex entitled to half of the equity even tho she hasn't lived there in 3 years? Do I have recourse?

Question

My ex and I own a house together. She hasn't lived at the property nor has she contributed financially when she left about 3 years ago. We had planned to sell the house, but with the market, that was not successful. We did agree however that since the house increased in value by 15% from the time she left, that she would compensate me at that amount since I have maintained the home. Because I had an ARM interest rate I wanted to re-fi to a fixed rate. I discovered that I am able to buy her out but now she is going back on her agreement. I don't think she is entitled to get half the equity in the house since she hasn't lived there nor contributed in any way financially to the home. Do I have any recourse?

Answer 1

I assume that the property was acquired during the marriage and that it is in joint names. Assuming you are filing the divorce under the Women's Charter, the Courts have the powers to decide on the division of such matrimonial property. In ascertaining the quantum, the Courts look at the direct and indirect contributions of the parties; direct being the payment of the capital and indirect being the renovation cost and on-going expenses, the amount of time and effort she has taken to look after the house to enable the other spouse to go out and work. As a yardstick, be prepared for your spouse to be looking at one-third of the equity.  

Answer 2

ex-wife yes, ex-girlfriend possible get a great lawyer no price is to high if you want to keep what is your. good luck

Answer 3

I'd consult an attorney on this. I'm sure you can work out a deal. trouble is the community property thing needs to be addressed. Even if you are right...it will take you money to fight it out..and we all know how legal fees eat up things pretty quick..including equity.

Answer 4

Yes, she is sadly entitled to half.  It doesn't matter if she hasn't contributed financially or lived there in 3 years.  Get a good lawyer but even then I'm sure he won't be able to do much because the law is the law.