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Divorce

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University of Georgia School of Law

2012

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Accounting For Time: A Relative-Interest Approach To The Division Of Equity In Hybrid-Property Homes Upon Divorce, Lisa Milot Jan 2012

Accounting For Time: A Relative-Interest Approach To The Division Of Equity In Hybrid-Property Homes Upon Divorce, Lisa Milot

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Even in these troubling economic times, homes are the most valuable asset many Americans own. In many instances, these homes were purchased prior to marriage, with later mortgage payments made after the homebuyer married. On divorce, courts must divide the value of such a “hybrid-property” home into “separate” and “marital” shares prior to distributing it between the divorcing spouses.

Many courts have developed formulas for this purpose, with a goal of providing a “proportionate and fair return” on both the separate and marital investments in the home. Each of the formulas, though, ignores the timing of the investments, both in …