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tcpokie

Junior Member
What is the name of your state? RI

My husband and i purchased a house last yr, both our names are on the mortage and the deed, we split the payments, he pays 1/2 and i pay 1/2.
He came into inheritance money from his dad which was 100k ( which he received on May 04 - we purchased the house in June 04 )

My husband put that money down on the house as the downpayment, i want out of the marriage which i havent told him yet, BUT before i do anything i want to know...

1. Can i stay in the house durning the divorce proceddings, i have 2 children ages 16 & 20 ( they are not his children ) one is in high school the other in college.

2. we still owe on the mortgage, will i be able to claim my 1/2 of the house being he put the 100k into it?

3. Can he legally prevent me from getting my 1/2?

Plus he had a affair with another woman that he worked with (she doesnt work there anymore ) he had this affair for a yr. Last April he had a AIDS test done ( he told me he was concerned about cuts he got a work opening boxes -surre). The result was negatitive. i have the phone number of the place he went to , to have the test done and i have the date he went. Can i use that in my divorce?
 


ceara19

Senior Member
tcpokie said:
What is the name of your state? RI

My husband and i purchased a house last yr, both our names are on the mortage and the deed, we split the payments, he pays 1/2 and i pay 1/2.
He came into inheritance money from his dad which was 100k ( which he received on May 04 - we purchased the house in June 04 )

My husband put that money down on the house as the downpayment, i want out of the marriage which i havent told him yet, BUT before i do anything i want to know...

1. Can i stay in the house durning the divorce proceddings, i have 2 children ages 16 & 20 ( they are not his children ) one is in high school the other in college.

2. we still owe on the mortgage, will i be able to claim my 1/2 of the house being he put the 100k into it?

3. Can he legally prevent me from getting my 1/2?

Plus he had a affair with another woman that he worked with (she doesnt work there anymore ) he had this affair for a yr. Last April he had a AIDS test done ( he told me he was concerned about cuts he got a work opening boxes -surre). The result was negatitive. i have the phone number of the place he went to , to have the test done and i have the date he went. Can i use that in my divorce?

1. That's up to the judge to decide. You having children from a previous relationship will have no bearing on the outcome.

2. You do not own 1/2 of the house. You are entitled to 1/2 of the equity minus what he paid for with the inheritance.

3. It's not up to him to decide what you do or do not get. The judge decides.
 

LdiJ

Senior Member
ceara19 said:
2. You do not own 1/2 of the house. You are entitled to 1/2 of the equity minus what he paid for with the inheritance.
That is not correct. She absolutely does own 1/2 of the house.

Its also not correct either that he will automatically get back the inheritance that he put in as a down payment before the equity is split. Once you co-mingle separate property into marital property...(which is what he did) all bets are off.

He may be able to convince a judge that he is entitled to a greater share of the equity due to the inheritance...he may not.
 

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