Arkansas Law

[Mish]

What is the name of your state? AR

Ok, here it is in a nutshell. I started my own business in 1999, got married in 2002, started building a house prior to the marriage. The monies used for the down payment are from my retirement account, which I had prior to the marriage. Is he entitled to 1/2 of the equity becuase we were married when the house was finished? Is he entitled to any of my business?

 

[bulldogg70]

I did not know they build houses in AR..... : - )

There could be some interesting points of interest here. However, was the deal on the house, and property signed before the marriage. Also have you been supporting the house on your own the whole time. Finally, did or does he not have his name on any of the deed rights.

 

[Mish]

Yep, we build houses in AR. A $200,000 one with no wheels! Yes, I have been the primary income and have been able to make payments on my own, with no outside financial help. His contributions to the house are hmmmm, none! He makes enough money to pay 'his' bills. His car payments, insurance, and credit cards. He came into this marriage from NY with an 86 jeep and some clothes. Since then, he's had 2 new vehicles, more clothes and shoes than Ivana Trump,and a 3000 sf home. I owned a home previous to this one, but wanted something newer and closer to my kids school. Not his kids, they are grown, but my 2 daughters from my first marriage. I'm pretty confident that he can't touch any of the business assest, luckily I had to foresight to put most of my assests in the company name. Oh yeah, he also likes to take off work for 3-4 months each year to "do things around the house". Don't get me wrong, when he's off work, he cooks, cleans and does laundry. He believes that since he has put so much effort into taking care of the house, that he deserves 1/2 of the equity. Which is what he shooting for. He claims that he has been 'supportive' of me in my career, which has consisted mainly of his bitching about me traveling and working long hours. Is that supportive?

 

[rmet4nzkx]

While he may have some claim he would have a hard time justifying it in a marriage of 2 years, especially since you two didn't comingle your money. Here is the summary on that issue:
Property Division
Arkansas recognizes basic equitable distribution of property principles which require that all marital property be distributed one-half (1/2) to each party unless the court makes specific findings that such distribution would be inequitable and states its reasons for doing so in the order. All other property shall be returned to the party who owned it prior to the marriage, unless the court makes some other division that it deems equitable. 9-12-315

 

[nextwife]

AS the house was bought and built using only premarital assets, it is likely you can fight any claim that this house should be treated as marital property