Sampson Posted March 18, 2018 Posted March 18, 2018 (edited) The fact that he bought the home before marriage in some if not most states unless there is a prenuptial by her living and raising children together in said house she is entitled to the appreciation, use, and in some case 50/50. The fact that he moved out and she is living there will make her case even more easier. The marital home is much different that an investment property he owned prior to marriage they never lived in etc.. It was their HOME together. Think of it this way. She spent a good xxx number of years living together as a married couple in a marital home raising children together, not looking for, investing in, or spending money on a home herself. He might be entitled to separate out what his initial contribution to the home prior to marriage was but the appreciation, use, and investment was comingled. Divorce is not always cut and dry, and most of the time it is emotional and just depends on what you want your lawyer to fight for. Edited March 18, 2018 by Sampson
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