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Pages: Splitting of assets [1]
Author Topic: Splitting of assets
klomp

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2011-07-06 20-52-31

Splitting of assets Need some feedback from both women and men on this issue. I am in the middle of a divorce and my ex is asking that we sell the house and split it, or I buy her out. My only problem with this is that we've been married for x years, my last house I bought before we were married and the equity got rolled into this house, I've paid all mortgage payments, bills, taxes, improvements on the house, and last of all, she is a real estate agent. She made $xK last year and $xK before that. She was an at home money for a few months while she got her real estate license, but even when she was pregnant with our daughter x years ago, she was still working as a chef. She has never paid for a single bill or even when we went on vacation. Should she get half of the equity of the assets when she hasn't paid into them, even when she had the means and opportunity to? Isn't it fair that she made money, kept her money, and should walk away since she chose to not pay in to the familly assets? What's the law on this?
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avolio

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2011-07-17 23-39-31

home equity The law regarding dividing the equity in your home depends on your jursidiction. It gets complicated, but in MD for example, if you can trace your contribution of pre-marital equity to acquire this home you can argue that portion, plus growth, should be excluded. She clearly has an interest in the home b/c marital assets have been contributed to acquistion, maint., and improvement of the asset.If the house has been titled TbyE the Judge will likely split this equity equally but may award you a moetary award from other assets to adjust.
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Janio

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2011-08-02 1-33-50-

additional info Thanks for the feedback. Here's a little bit more information. My previous house was titled only in my name. My current house (the one in question) is titled only in my name. The mortgage is only in my name. She has contributed no assets to house other than some house painting, even that was contracted out and paid out of my pocket. We even have a time share which is titled in both of our names, which I'm not disputing should be split. Does this make any difference or is it still have to be split?
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meuse

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2011-08-15 20-56-33

splitting of assets First and foremost, you need to consult with an atty in your jurisdiction. It sounds as though the lion's share is clearly yours, but she has an equitable interest in the property because you paid for part of it with money earned during the marriage and becasue most court's try to divide assets equitably/fairly. In fairness, she should not be closed out of having ANY interest in the property simply beacuse you are working outside the home earning income and she is working inside the home for no income. You are both contributing you monetarily and she non-monetarily.
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misek

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2011-08-24 8-35-49-

splitting of assets I understand consulting with an attourney, just trying to figure out if its even worth it. From what I hear people saying, is that since I earned income outside of the home AND she earned an equal amount of income outside of the home, AND she did not contribute to the asset of the home, she should not have a claim on the equity of the home because she had the opportunity to contribute, but chose not to. This will be interesting.
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Mahendra

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2011-09-10 8-55-09-

It is ed Prenup If you marry a floozie without a prenup, you only have yourself to blame. In most states she will walk away with half ... and if you had a prenup she'd be out the door with whatever she brought in. Party time for her.
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harbinson

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2011-09-24 5-45-14-

Immature? What is so immature about that? If you had a prenup we would not be having this conversation. What is both foolish and immature, is to go into a marriage with considerable assets without a prenup. I don't think you could find an attorney who would advice against it.
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poromova

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2011-09-24 11-22-49

It's not the suggestion that a prenup is a good idea, it's suggesting a prenup is the answer to my question that's immature. There wouldn't be a question if there was a prenup. Therefore you can assume that there is no prenup and to suggest one does not answer the question and is an immature response to a straight forward question. See the response "home equity" that's a smart straight forward mature response. But like I said, it was a funny response. I'll definately be doing a prenup next time. Wait, what am I saying, there won't ever be a next time. Dating, that's enough for me. :)
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hoffler

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2011-09-27 7-42-50-

I didn't see that as an immature response. Some people have different ways to state their opinion. I understood exactly what his point was. It was nothing personal.
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potthoff

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2011-10-01 5-51-27-

does she have a huge savings account? That she tucked away money in while you were married? I think that should count for something if it exists. I'd be looking into figuring out how much cash equity you put in from your other home too. in fairness it should be anything gained on the house minus your investment but sometimes things don't work out this fair. Make sure you have the paperwork to back up this claim. otherwise all is fair in love and war and you'll need to find out what sort of savings she has because that also can be considered. hope this helps a tad.
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pape

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2011-10-01 16-11-34

saving account This does help. Because this is a recent divorce I just did our taxes and there was a lot of income that wasn't offset by business expenses that didn't match up with any accounts that I was aware of. I am aware of one account that had upwards of $xK in it. Who knows what else she's got squirrled away. Also, if she spent all her money on clothes, does that really matter? She didn't invest in the assets she's now asking for half of.
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bilbro

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2011-10-04 19-47-39

Get a good lawyer And do some carful research in your state. Yes, the equity in this home will have to be split x-x. That is the law. Debt too. BUT - ONLY THE EQUITY AND DEBT AQUIRED WHILE MARRIED. So, get your data dn show that some/most/all the equity was YOURS before you married and then how much was aquired while you were married. The total = the toal equity today, but she can only get the HALF the portion aquired while you were married, not what was yours before. It does not matter who is on the deed or mortgage. In fact, if you want to keep the house and buy her out (again on only her share while married) this will make it easier to do. Good luck!
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mckibben

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2011-10-07 9-37-03-

And OP may also want to get a good PI to investigate wife's assets. Both parties are required by law to disclose ALL assets during "discovery" (usually after temporary orders are set). But if you think your spouse is hiding significant $$, it would well be worth the fee to hire a competent investigator.
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Hilde

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2011-10-12 2-22-30-

doesn't matter just do the math and cut your losses. if she's in the mood to fight, you'll be out of pocket an unreal amount of money anyway. get to an atty and get some idea what you're looking at in fees. that should help you live with the settlement, whatever it ends up being. oh ~ and ~ it's all household income and it's all household bills - including vacation.
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Maaike

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2011-10-18 17-37-09

as it was explained to me: from the time you were married, you both agreed that x/x of everything is yours. if she squirreled away money, then x/x that liquid asset belongs to you, and x/x the value of the home belongs to her. if you allowed her to NOT pay into the house, then that was your marital decision. the courts will view it as your decision to make the payments on the house, while she kept her money separate from the mortgage. however, the money she made IS part of that same marital asset. i dont know the exact law, but that's how it was described to me.
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brickman

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2011-10-24 19-19-49

splitting of assets That makes sense. I appreciate the feeback.
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natividad

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2011-10-25 5-39-21-

I know your pain I too was in a very similar situation. Marital assets are anything that was obtained during the marriage, and this includes appreciation. If you owned the home prior to the marriage, that part if yours. If you used proceeds from a previous home prior to the marriage, that portion is also yours. All the improvements, etc. that you did during the marriage is up for grabs. You can try to rebut the presumption of equitable contribution that she gets, but good luck. It cost me a year and $x,x only for the court to say "what did you expect, you were married?". Divorce laws are grey and bottom line, you probably make more money than the judge. My lawyer even said 'The laws aren't meant to be fair." The lawyers are the only winners and it's amazing how fast money goes at $x/hour.
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