I have been married for 5 years and currently am going through a divorce. I have retained a lawyer and provoided my spouse with a seperation agreement. We own a home, paying on a boat and we each own our vehicles. I put 30,000$ on house of my own money when we first bought. My seperation agreement proposed offered her to take her vehicle and sign over the house, considering she's paid less than half into everything we've bought since we were married and considering how much I put down on the house. She denied my first agreement and is not asking for 40,000$. If I were to sell my house and considering we would owe probably 10-15,000$ with the market the way it is, would I still be entitled to pay her 40,000$? We have no children.
Answer
As your lawyer should have told you, all property acquired during the marriage from whatever source is marital, regardless of which spouse actually paid it. If you can trace your purchase of the house to funds you had prior to the marriage, then you would be entitled to a greater share of the equity.
