Legal Question in Family Law in Kentucky

I have owned my house since 2005.I got married in 2007,divorced in 2010.I have put my house on the market tell sell.My ex-wike has emailed my realtor stating she has rights to the eqiuty in my house.Her name has never been on the deed.She also has signed a property agreement in the divorce papers. My question is does she have a leg to stand on?


Asked on 8/18/10, 11:31 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

The whole thing is determined by what the property agreement states. If that gives here a portion of the equity, then she has a portion of the equity. If there were no property settlement, then she would only have a right to that portion of the increased value in the house that can be traced to marital efforts to improve its value during the marriage. She would not have a right to any portion of increase in value just due to market forces. During the marriage, she also has a tiny interest in any property you own. This is referred to as the value of property owened during the "coverage" of the marriage. Usually, this amount is close to zero.

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Answered on 8/23/10, 12:15 pm


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