I don't even have time to get legal advice, somehow this house sale is going so quick that a counteroffer was signed last week and the closing is this Wed on our house for sale in the middle of a divorce. I made my husband sign an agreement then the realtor put it in closing papers that the money from the house sale is to be put into an escrow account until this is settled.

My husband says that I wasn't on the deed to the first house, bought a month before we married, loan papers in his name only. I signed the title papers when we sold that house though I remember. We had the house for four years, it increased in value 30-40k. We bought another home, he put my name on the deed he said as we had a child together at this point.

Anyways I have to figure out if the money put in escrow includes the monies from the first house or not. The realtor and title company aer worried I'll balk, they wont' get me the numbers, the realtor emailed me that I didn't need any further paperwork. So I've told them I won't drive five hours for the closing, that they can overnight the papers to me. But I have to have the numbers today to review them. The title company needs an exact amount and needs to know where the monies will be held, an attorney said my husband's attorney could hold those funds, I don't have an attorney on retainer.

Anyways if I don't sign the papers the buyers might go elsewhere. It doesn't matter to me, he makes the payments, if he has to continue making payments then I continue to get half of the equity. But despite all of this it's best that the house sells. I just don't think it's fair that I have not seen the numbers, and my husband being a banker will do whatever he wants to do.

It seems like I should have half he rights to the equity in the first house as I paid all the "other" bills on the house other then the loan. If this is true was I stupid in this marriage and did he protect himself in this way? Sick, he said he had to figure out how to "protect himself from me" before he married me. I was naive wasn't I? I don't expect legal advice but has anyone dealt with this and have any ideas quick, today as I'll get the papers overnighted with very little time... I have an accountant friend who used to do my taxes he'll have some ideas...

Hi Horsey,

I'm not sure I'm following you, but usually in a 50/50 sitch it doesn't matter whose name it's in. If you have been married for X number of years, it's all considered community property and half the assets are yours - even if they're all in his name. Hope this helps, but I really hope you are paying for legal advice - you need it. Good luck.

You need legal advice.
However, I do believe that unless stated otherwise, any joint property purchased becomes 50/50, so when he put the money in, he put it in for both of you.

Just tell them you will only agree if all proceeds are put in escrow, none can be held back. Let them know these amounts are disputed in the divorce.

And, you never bothered to answer my post on your other thread.

Horse, make the time soon. You really need it.




Until what is settled? The sale of the house or the divorce?



I do not know what state you are in. It sounds as if you are in a community property state. If this is the case, this house is probably his separate property. All appreciation is his separate property. You may have a right of reimbursement for any community property spent on the house for capital improvements, mortgage but not for normal bills.



With what did you buY it? The funds from the sale of the old house? If so, this house could still be his separate property as he used separate funds to buy it. Was there a loan? Are you liable for that loan? If he put your name on the deed you may have an argument that it was therefore a gift from him to you, so you could own half the house. As it was bought during the marriage, there is probably a presumption that it is community property.



The title company will not determine what belongs to whom. They just want to pay the money to someone and be done with it. If there is an agreement to hold funds in a trust account until the divorce is settled, then the attorney can hold those funds in trust. Have this agreement reviewed.



Careful here. If he is making payments from his separate property you not get this.

Paying bills does not get you a right of reimbursement.

Horsey, I know little about this. THIS IS NOT A LEGAL OPINION JUST MY THOUGHTS. GET LEGAL ADVISE NOW.

I'm on the opposite end. I had a house with about $20K equity when I married. Unfortunately, only part of that went into the new house and the rest paid off some bills. It may vary where you are but I was told that I must be able to directly trace the money from that 1st house to assets that we still have in TX. Otherwise, everything will be split 50/50.

I think he is trying to bluff you out. The burden of proof should be on him, not you. He should have to provide you with paperwork documenting that the funds from his house went into your joint house. If he can't, it should be split 50/50. If he can, he has a case but it should be 50/50 unless he proves otherwise.

I agree that he's bluffing you.
My X could have done the same thing, since he owned the prior home.
but I contributed to our joint house savings account (which more than offset his proceeds), and he likely didn't bother to fight for his equity.

You need an attorney from your own state; each state has different rules and case law histories that will apply. It's well worth paying the money because if you sign stuff based on inputs from him, his attorney, his real estate agent, the title company, me, others on this board, or any other non-expert, you could get screwed out of big bucks.

In my state, the profits from his 1st house would now be joint property because they have been mingled with your joint assets. The only way for him to avoid that would have been to keep the 1st sale proceeds in a completely separate account in his name only. Also in my state, even for separate property, any increase in value during the marriage would be joint property. But that's for my state, and my interpretation as a non-lawyer. You really need expert advice.

Good luck.