Re: Who gets house profit?
Let's review what I think the facts are you provided:
Original purchase price = $469,000
Down Payment = $46,000 <-----This came from "his home equity loan"
Implied loan at the start $423,000
Current balance after
9 years of 108 payments $357,719<---- assumed 30 year term, 5.25% rate
Current value per you= $410,000
Less: Realtor commission (20,500)
Less: Loan balance (357,700)
Net Proceeds from sale $31,800<----- This is cash not "profit"
Less: Orig. down payment (46,000)
LOSS on sale= ($14,200)<------THIS is the profit or in this case (LOSS) on the deal.
Now, if there are other marital assets involved you may be able trade off your claim on those against getting more of the cash from the house but if the house is the sole asset in an equitable distribution state you will split the loss and owe $7,200 to him.
Hint - his salary is substantial, chances are there are some significant pension or 401K balances and you would have a claim on 1/2 the contributions and some of the earnings since marriage.