If our home is owned jointly, does this mean I will definitely get 50% of the net proceeds of any sale?
A: No. The court would have to take into account a number of factors to decide what interest you have in the property such as:
• whether there are children to be housed, and if so, the financial position of each of you as their parents;
• whether you hold the property as Joint Tenants or Tenants in Common;
• whether there is any document (or other evidence) showing what interest it was intended you would each have in the property, e.g. a Deed of Trust; and
• what financial contribution you each made to the purchase and upkeep of the property (including making mortgage payments)