dividing house appreciation

[jarvishydon]

What is the name of your state?What is the name of your state? California

I want to proceed with a divorce but would like to know what I might be facing, financially.
I am a US citizen residing in Thailand with my wife and need some general advice about distribution of house appreciation in California.
I'd like to offer her what a judge might give her and try to avoid too many bad feelings ...


I'm 48 years old.
9.5 years ago I married a Thai lady in California. She
now is a US citizen. 46 years old.


3 years prior to marriage, I bought house in Monterey Ca. in 1993, $235,000.
$50,000 cash down payment.
Added $300,000 improvements, not including my labor, prior to marriage.
Current value $950,000.
Monthly payments of $1,231.
Married in 1996, August.
Made mortgage payments together.
In 2002, I refinanced for $210,000 / 30 years.
During the refinance process, the banker had her sign a statement that the house was my sole property. Is this somthing in my favor?
We now live in Thailand(2years).

I understand she is entitled to a share of the appreciation since marriage.
How much equity has she earned?
Could I argue the appreciation is mainly due to my improvements?

Married under 10 years.
She does not work.
Our current living expenses have been about $1,200/month.
What amount in Alimony or support should I expect?

[I AM ALWAYS LIABLE]

Originally Posted by jarvishydon

What is the name of your state?What is the name of your state? California

I want to proceed with a divorce but would like to know what I might be facing, financially.
I am a US citizen residing in Thailand with my wife and need some general advice about distribution of house appreciation in California.
I'd like to offer her what a judge might give her and try to avoid too many bad feelings ...


I'm 48 years old.
9.5 years ago I married a Thai lady in California. She
now is a US citizen. 46 years old.


3 years prior to marriage, I bought house in Monterey Ca. in 1993, $235,000.
$50,000 cash down payment.
Added $300,000 improvements, not including my labor, prior to marriage.
Current value $950,000.
Monthly payments of $1,231.
Married in 1996, August.
Made mortgage payments together.
In 2002, I refinanced for $210,000 / 30 years.
During the refinance process, the banker had her sign a statement that the house was my sole property. Is this somthing in my favor?
We now live in Thailand(2years).

I understand she is entitled to a share of the appreciation since marriage.
How much equity has she earned?
Could I argue the appreciation is mainly due to my improvements?

Married under 10 years.
She does not work.
Our current living expenses have been about $1,200/month.
What amount in Alimony or support should I expect?

My response:

You have too many issues to discuss, and an Internet site cannot do you any justice. You need to discuss all the issues, paperwork and details with a California attorney.

It also appears that you're asking for a bit of representation from a fair reading of your post, and we cannot do that for you.

IAAL

[jarvishydon]

California,

Is there a formula for determining shares of house appreciation?
Since I did and paid for the work before marriage, a majority of appreciation should belong to me?

[I AM ALWAYS LIABLE]

Originally Posted by jarvishydon

California,

Is there a formula for determining shares of house appreciation?
Since I did and paid for the work before marriage, a majority of appreciation should belong to me?

My response:

Let me repeat myself - -

You have too many issues to discuss, and an Internet site cannot do you any justice. You need to discuss all the issues, paperwork and details with a California attorney.

It also appears that you're asking for a bit of representation from a fair reading of your post, and we cannot do that for you.

IAAL

[MargieK2]

I suggest in longhand on paper write down the figures in cronological order...Then what was the value of the house at time of marriage vs. now. Perhaps you can get by with splitting that equity unless you feel that is too much then maybe do what I would appreciate my STBX doing for me, help her with a sizeable down payment on a modest home. From what I have researched on my own, alimony can be for a limited time so she can find or educate for a job. You asking for advice in order to be fair is the first biggest step. Way to go.

[jarvishydon]

California,
Male, Married 9 years, seeking a divorce.

I bought a house prior to marriage.
3 years ago, I refinanced to pull out some cash.
During the loan process, the Wife signed a Grant Deed, stating the property is the sole and seperate property of the husband. This is recorded at the County Clerks Office.
Will she be able to take some equity if divorced?
Is this doucment going to stand in court?

Thanks for any help.

[Deadlunch]

How about you go to [url]www.lawguru.com[/url] and present your case to an attorney there. It's free LEGAL advice and you would probably get more answers and issues addressed than you would here. This forum is for advice based on our experiences, indeed, but the extent of your scenario requires legal assistance.