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I moved out of the home that my husband and I purchased with our 3 kids about 2 years ago. He has been paying the mortgage for most of the time (last year he got renters). We have owned the home for almost 8 and now he wants to sell it.

My question is: Am I entitled to anything?

I feel he will try and tell me that it was worth nothing when we separated. We are not legally divorced but we are now starting the process. Is there a percentage formula or any thoughts?

closed as off-topic by keshlam, Victor, Dheer, Chris W. Rea, Nathan L Oct 13 '15 at 16:45

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  • 4
    Not clear what exactly you are asking, but it sounds like you need to talk to a lawyer. – BrenBarn Oct 13 '15 at 4:25
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    legal, and nowhere near enough detail to migrate to Law. – keshlam Oct 13 '15 at 4:54
  • If you want an answer some more details will be required e.g. country etc. – DumbCoder Oct 13 '15 at 9:08
  • Although this is a legal question, but as far as I know, in most, if not all of the states in US, the general term is that the value of the assets that were obtained during marriage (assuming was a legal one, which looks like it), is divided half and half during the divorce process. Of course there are some exceptions to this rule, but a house is not one of them. I am not a lawyer, so take this with a grain of salt. – scubaFun Oct 13 '15 at 16:47
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The bottom line is that divorce tends to be ugly and expensive. Almost always, both parties lose. You may feel, justifiably, that you have lost so much and I bet you are correct. However, that does not mean your husband gained.

As a ballpark figure, you could check Zillow for the house value, and you probably know the mortgage balance. Keep in mind that it costs money to sell real estate, so on a 250K house, 18K or so in equity is pretty much zero.

You bought the house only a short time ago. Did you have a large down payment? Did you have a short term? Is this house in a hot market? Answering no to those questions makes it likely that there is not equity in the house.

This may be going a little to far, but you sound scared. Your best bet is to make a plan to move forward and co-parent those kids with their father. Take care of basic necessities, (food, clothing, and shelter) then move on from there. Having a plan will remove much of the fear. Once you see your plan working, an increasing amount of fear will be removed from your life. My prayer is that you soon wake up believing in yourself.

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