# Divorce decree selling house years after divorce was final



## Jc125 (Sep 3, 2020)

I have a question about splitting the equity. I live in Texas and my ex is selling the house now. Divorce has been final for 8 years. We decided to let him stay in the house since he was we unable to refinance at the time. The decree states I get half the equity when sold.
What I'm trying to figure out if I am to take equity after all closing costs, fees etc. Or if half the equity if before all of that. My name was never on the mortgage but I was on the deed. Thanks in advance.


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## Livvie (Jan 20, 2014)

After closing costs.


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## TJW (Mar 20, 2012)

After fees, real-estate taxes too. You will get half of the proceeds from the sale.



Jc125 said:


> My name was never on the mortgage but I was on the deed.


The decree will override any of these considerations. In my state, none of this matters anyway.


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## Openminded (Feb 21, 2013)

Half the bottom-line number. Otherwise, it’s not equal.


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## michzz (Jun 6, 2008)

Livvie said:


> After closing costs.


Of course it is after the cost of selling the house.


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## Cooper (Apr 18, 2008)

I agree with what other have said but with some other things to consider.

Has he made any major improvements since you left the home? Have you been paying anything toward the mortage? Paying toward property taxes or insurance? 

If not eight years is a long time for him to be paying all those expenses on his own. If I were him my position would be you receive half of the value at the time of the divorce, maybe with some consideration for his use the past eight years. 

On the flip side if the value has depreciated over the last eight years you should still want your cut based on the value at the time of divorce.


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