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What does your divorce attorney say is your share of the equity? You should each have your own lawyers. I went through a divorce and my ex wanted to save money on lawyer fees and share a lawyer. I am so grateful I got my own attorney who helped me figure out an equitable distribution of assets and income.
That depends. Alimony and child support sure, but if she paid off a mortgage on a house that is solely in her husband’s name, he might come ahead in assets.
Your husband owns the house and bought it before you married. The house, under Ohio law, is considered separate property. At most, you might be due a percentage of any appreciated value from the date of marriage to the date of divorce or sale. You won't automatically get 50% of the equity, but perhaps 50% of the equity increase after marriage. This will all be worked out between the lawyers and the court.
Your soon to be ex needs to face reality and get the house ready for sale. With no income, he isn't getting a loan on the house to cash out.
What did your attorney say?
Right now it is his house and his alone, he won't qualify to refinance and with higher rates today it would be foolish to do so. Whether or not your marital contributions for the past 4 years towards the mortgage (prior to that won't count) will get you any equity in the property is up to you to argue and a judge to determine the amount, if any.
You almost certainly won't be entitled to any equity the property had prior to your marriage and you may get nothing as the house is not marital property. There is no equal division rule in Ohio, it is equitable distribution and that your spouse wasn't working will play against your hope to get some of the equity in the house, IMO
IANAL but houses bought prior to a marriage are usually considered separate property so you would have no rights to any of it after the divorce. However, since you helped pay down the mortgage, you might have some rights. This is definitely something that a divorce attorney could answer.
This is things to ask a lawyer. As your first question will be very state depending on how that shakes out.
Regarding 2 - he will not be able to get a mortgage with no income. They may consider alimony, but not just for a year.
How much other savings and retirement savings do you have? It honestly might be a wash if you're expecting say your half of 4 years of equity growth when you guys have to split other assets too. If say the equity grew 100k in the 4 years you were married it could be split 50/50. But if you added say $75k to your retirement accounts and have $25k in savings you'd need to split that too. So you guys could decide that he keeps the $100k in house equity and you keep the $100k in retirement/savings and call it even. Plus depending on where you are you might owe alimony - which you could offer more assets in exchange for lower alimony.
But all that said - you need a lawyer to help you figure this out as it's all very location specific.
Absolutely - but it was really the constant peeing on the toilet seat that did our marriage in... 😂
(Certainly not the emotional abuse and narcissistic qualities 😬)
Baring a prenup you’re probably entitled to half the equity. The rest is very dependent on your individual credi scores and specific financial info, but in theory he’d be able to take out a loan to buy you out. He should probably try to get a job again first though.
Your post has been removed [because it is primarily a legal question or discussion (rule 5)](https://www.reddit.com/r/personalfinance/about/rules) which is off-topic for /r/personalfinance. /r/legaladvice can help you determine if you need to contact a lawyer and you may get some basic advice. **While /r/legaladvice can sometimes offer basic advice, talking to a local attorney is the best way to answer any legal questions.** *If you have questions about this removal, please [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2Fpersonalfinance&subject=Removal%20help%20request&message=Hello%20moderators,%20.%20%0a%0a%0aMy%20submission:%20https://www.reddit.com/r/personalfinance/comments/1dnl22w/divorcing_need_spouse_to_buy_me_out_so_he_can/%0a).*
What does your divorce attorney say is your share of the equity? You should each have your own lawyers. I went through a divorce and my ex wanted to save money on lawyer fees and share a lawyer. I am so grateful I got my own attorney who helped me figure out an equitable distribution of assets and income.
You’ve been the recent breadwinner, if anything you’ll owe him money. You need a lawyer.
That depends. Alimony and child support sure, but if she paid off a mortgage on a house that is solely in her husband’s name, he might come ahead in assets.
Your husband owns the house and bought it before you married. The house, under Ohio law, is considered separate property. At most, you might be due a percentage of any appreciated value from the date of marriage to the date of divorce or sale. You won't automatically get 50% of the equity, but perhaps 50% of the equity increase after marriage. This will all be worked out between the lawyers and the court. Your soon to be ex needs to face reality and get the house ready for sale. With no income, he isn't getting a loan on the house to cash out.
What did your attorney say? Right now it is his house and his alone, he won't qualify to refinance and with higher rates today it would be foolish to do so. Whether or not your marital contributions for the past 4 years towards the mortgage (prior to that won't count) will get you any equity in the property is up to you to argue and a judge to determine the amount, if any. You almost certainly won't be entitled to any equity the property had prior to your marriage and you may get nothing as the house is not marital property. There is no equal division rule in Ohio, it is equitable distribution and that your spouse wasn't working will play against your hope to get some of the equity in the house, IMO
IANAL but houses bought prior to a marriage are usually considered separate property so you would have no rights to any of it after the divorce. However, since you helped pay down the mortgage, you might have some rights. This is definitely something that a divorce attorney could answer.
This is things to ask a lawyer. As your first question will be very state depending on how that shakes out. Regarding 2 - he will not be able to get a mortgage with no income. They may consider alimony, but not just for a year. How much other savings and retirement savings do you have? It honestly might be a wash if you're expecting say your half of 4 years of equity growth when you guys have to split other assets too. If say the equity grew 100k in the 4 years you were married it could be split 50/50. But if you added say $75k to your retirement accounts and have $25k in savings you'd need to split that too. So you guys could decide that he keeps the $100k in house equity and you keep the $100k in retirement/savings and call it even. Plus depending on where you are you might owe alimony - which you could offer more assets in exchange for lower alimony. But all that said - you need a lawyer to help you figure this out as it's all very location specific.
Does he tighten the jars to much?
Absolutely - but it was really the constant peeing on the toilet seat that did our marriage in... 😂 (Certainly not the emotional abuse and narcissistic qualities 😬)
Baring a prenup you’re probably entitled to half the equity. The rest is very dependent on your individual credi scores and specific financial info, but in theory he’d be able to take out a loan to buy you out. He should probably try to get a job again first though.