been married for 7 years.
i've owned a house for 15 years.
no children together.
she has never had a job.
she is mentally abusive.
claims she gets half of everything.
how do i get away from her?
does she get half of my house?
1 Answer from Attorneys
Typically the Court will divide assets between pre-marital separate property, post-marital assets and post-marital separate property. In your situation the difference in value of your house between when you married and when you filed for divorce will be divided "equitably" which usually is close to 50/50. For example, if the house was worth $200,000 when you married and it is now worth $280,000 then the $80,000 would be divided. The statute does not take into account any reduction of the mortgage but only the difference in fair market value. The same concept applies to retirement accounts. For example if your retirement account was $100,000 at the beginning of the marriage and is now $200,000 then $100,000 would be divided.
DISCLAIMER This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. http://www.garycjohnsonlaw.com 720-323-3776 [email protected]