We’ve been separated for 4 years, when we divorce, wilI I be entitled to portion of the home?

Additional Information:

My husband owned a home in his own name before we were married.  We are now divorcing.  Am I entitled to a portion of the home’s worth?  We’ve been married for a little over 10 years but have lived apart for 4 years. I was the one who left. He also made a substantial withdrawal from our joint checking account when we separated. He took that money & opened a checking in his own name. Am I entitled to recover half of that amount? I’m not asking for any things we purchased during the course of our marriage, just basically the things that I brought into the relationship.

ANSWER:

You may want to consider divorce mediation as a way to work out these issues with your husband in a neutral setting. Questions of who gets what can be addressed by looking at both sides of the situation. Property that was owned prior to a marriage could be considered a marital asset subject to division depending on some different factors – was this the house you lived in? was it a rental and the income was used to support your family lifestyle? what other assets are there? These answers to these questions along with some legal information would go a long way in helping the two of you craft a fair and equitable divorce agreement.