Adultery vs Prorperty Division

[blessedman1333]

My wife filed for dissolution of Marriage(9 years married) on the grounds of Incompatibility and Adultery (After three years of no sex, I slipped up last Spring). I filed a response and a counterclaim which agreed except with the division of the real estate. We just purchased the home in Oct 2008 and I've asked for half of the equity. I then asked her to go to mediation and we did. Her attorney was suppose to put what we agreed on at mediation in writing, but when he emailed me (Pro Se), things began to change from our mediation agreement. Now, her attorney said that if we couldn't agree, we would go to court and he would want me to pay attorney fees. My wife makes twice as muc as me in income and we both are retired. Nedd some advice.

 

[Duranie]

If you just bought your home in Oct, do you even have any equity? Most houses have dropped in value. He can ask that you pay for attorneys fees and you can also ask for the same. If what is being proposed is not what was agreed upon in mediation then I do not see why he has a case to be awarded attorneys fees. Talk to your attorney but unless you put a huge down payment on the house or bought it way below market value, you likely do not have any equity.

 

[blessedman1333]

Adultery vs Property Division

Thanks for your comment.

The house appraised for $175,000 and we got it at $165,000. We put $7000 down plus closing costs and we put a $5000 fence around it after we moved in.