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A few questions concerning division of property/debt...

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FMat

Junior Member
What is the name of your state? Ohio

My X and I began living together in Aug 2000 & were married in May of 2004. At the time of our wedding my X had accrued approximately $15K in credit card debt. Approximately 1 month before our wedding we purchased a condominium together, but placed it entirely in her name as my credit rating was less than stellar due to past mistakes.

The only remaining points of contention in the disposition of our assets is her premarital debt and a living room set (sofa, love seat & ottoman) that was a wedding gift from her parents. When we received the living room set I acquiesced to my wife and gave my living room set (sofa & love seat) to one of her friends, she also had a sofa that she gave away at the same time.

It is their contention that since the living room set was a (mutual) gift from her parents, that she is entitled to it. My stance is that since I had to give up my living room set at the time that I am entitled to at least part of the set (loveseat & ottoman or sofa).

The X's attorney is planning on filing to move the date of discovery to when we first moved in together in an attempt to shift partial responsibility of the X's premarital debt to me.

All of this leaves me with the following questions:

1.Since it is her attorney's contention that the debt was accrued in anticipation of marriage, how likely am I to be held responsible for a portion of her premarital debt?
2.Do I have a valid claim to at least a portion of the living room set.
3.Do I have a right to half of any equity/increase in value accrued by the condo during the time of the marriage?
4.How does her attorney's intention to change the date of discovery affect #3? Since it is their claim that the debt was accrued in anticipation of marriage, and therefore partially my responsibility, does that not also directly affect the disposition of the condo which was purchased directly in anticipation of marriage? (The X had specifically refused to purchase real estate until she was absolutely certain that we were going to get married.)


I am a little bit uncomfortable with my attorney's relationship with the opposing attorney. They know each other and have a generally amicable relationship. At first this was a positive in my eyes as it seemed it would help facilitate a relatively quick and painless transition. However, at the settlement conference my attorney seemed far too willing to follow the lead of hers rather than standing up and arguing my points. I think the other attorney is a bit more experienced (especially with the presiding judge) and my attorney is placing too much faith in the other attorney's word. At the settlement conference it seemed to devolve primarily into a debate between the X's attorney and myself with little input from the other principals, which I am not entirely comfortable with.

Finally, will the X's infidelity have any bearing at all upon the final disposition of the divorce?

Thanks in advance!
 


BelizeBreeze

Senior Member
FMat said:
What is the name of your state? Ohio

All of this leaves me with the following questions:

1.Since it is her attorney's contention that the debt was accrued in anticipation of marriage, how likely am I to be held responsible for a portion of her premarital debt?
Separate property includes "[a]ny real or personal property or interest in real or personal property that was acquired by one spouse prior to the date of the marriage." R.C. 3105.171(A)(6)(a)(ii). Her pre-marital debt is hers. Her attorney can hem and haw all he wants but unless you accepted responsibility for the debt by paying it down, tell him to bite rocks.
2.Do I have a valid claim to at least a portion of the living room set.
Explanation of Marital and Separate Property.
3.Do I have a right to half of any equity/increase in value accrued by the condo during the time of the marriage?
Dennis G. Measor, Plaintiff-Appellant/Cross-Appellee, - Vs - Judy K. Measor, Defendant-Appellee/Cross-Appellant
The wife was the sole owner of the residence she brought to the marriage. The marital property in the home is equal to the current market value of the home less the wife’s equity in the home at the time of marriage and the remaining balance on the mortgage at the time of divorce.
4.How does her attorney's intention to change the date of discovery affect #3? Since it is their claim that the debt was accrued in anticipation of marriage, and therefore partially my responsibility, does that not also directly affect the disposition of the condo which was purchased directly in anticipation of marriage? (The X had specifically refused to purchase real estate until she was absolutely certain that we were going to get married.)
One has nothing to do with the other.
I am a little bit uncomfortable with my attorney's relationship with the opposing attorney. They know each other and have a generally amicable relationship. At first this was a positive in my eyes as it seemed it would help facilitate a relatively quick and painless transition. However, at the settlement conference my attorney seemed far too willing to follow the lead of hers rather than standing up and arguing my points. I think the other attorney is a bit more experienced (especially with the presiding judge) and my attorney is placing too much faith in the other attorney's word. At the settlement conference it seemed to devolve primarily into a debate between the X's attorney and myself with little input from the other principals, which I am not entirely comfortable with.
Then remind your attorney he/she works for you and if you are not comfortable with your attorney have a come to jesus or fire them.
Finally, will the X's infidelity have any bearing at all upon the final disposition of the divorce?

Thanks in advance!
Nope. Not based on your post, which ONLY concerns itself with property settlement issues.
 

LdiJ

Senior Member
I think that the phrase "debt in anticipation of marriage"...may open the door for that debt to perhaps be something that a judge could order him to share.

For example, a judge might not view wedding costs as premarital debt.
 

BelizeBreeze

Senior Member
LdiJ said:
I think that the phrase "debt in anticipation of marriage"...may open the door for that debt to perhaps be something that a judge could order him to share.

For example, a judge might not view wedding costs as premarital debt.
There is no provision in the statues for pre-marital debt division. In anticipation of theory requires the event NOT to take place.

She will lose if his attorney is not alseep or an idiot.
 

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