02 Feb Do I have to give my ex half of my home’s value?

Q. My ex-husband, who I thought was being kind, helped me find a foreclosed home to buy 13 years ago. I should have read the documents but I didn’t pay close attention, but when the deed came, the house was in both of our names. So now by law he now owns half of my home and property. I asked him to sign a quit claim deed and he refused. Just recently, he called and demanded I sell my home and pay him half. I don’t know what to do.
— Feeling stuck

A. We’re sorry to hear this happened.

The answer to your question is that it will depend on the specifics of your situation.

But here’s what you need to consider.

The first question that will need to be answered is whether the purchase of the home was something that occurred prior to your divorce being finalized or was it otherwise addressed in your marital settlement agreement or final judgment of divorce, said Kenneth White, a certified matrimonial attorney with Shane and White in Edison.

“If the property in question was purchased prior to your divorce being finalized, what rights to the same between your ex-husband and yourself should have been addressed in your marital settlement agreement or final judgment of divorce, and the language of such documentation will be controlling,” White said. “Under this scenario any litigation regarding the subject will be addressed in the family court.”

However, if the home was purchased after your divorce was finalized and there was no “agreement” within your settlement anticipating the purchase of the home, any future litigation would take place in the Chancery Division, he said.

“For your ex to make a claim to share in the value of the property or demand to be bought out he would have to file a Partition Action in the Chancery Division,” he said. “Unlike the Law Division where certain issues are more black and white, i.e., someone signed a contract agreeing to pay you $1,000 to perform a certain service; you performed the service and they did not pay; you are owed $1,000, the Chancery Division is a court of equity and in a court of equity the court seeks to do what is fair.”

Accordingly, he said, the facts of what actually occurred can alter the outcome in the Chancery Division beyond what the language in the deed may say.

For example, he said, are there any written communications confirming what the intention of both your ex-husband and you were at the time the home was purchased? Did he indicate in writing that he was merely assisting you with the understanding that you would truly own 100% of the property?

White said if there is no written confirmation of the understanding at the time the purchase was made, other factors may support your position that you should retain greater than 50% of the value of the property, if not all the equity.

For example, he said, consider: Who made the down payment for the home? Who has made all the mortgage payments over the past 13 years? Who has satisfied all the utilities and other carrying charges associated with the property? Who paid costs associated with upgrades or repairs to the residence; who has lived in the residence?

“If you have resided in the home independent of your ex-husband and you have independently satisfied all the costs and expenses of the home from day one through the present, you may be able to make the case that your ex-husband is entitled to less than 50% of the equity in the home, if not, perhaps nothing,” he said.

White said there is no reason for you to simply pay your ex-husband half the value of the home.

We recommend you meet with an attorney who can review the specific facts surrounding your case so you can come up with a game plan.

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This story was originally published on Feb. 2, 2023.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.