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  #1  
Old 07-10-2009, 08:44 PM
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Join Date: Jul 2009
Posts: 1

Premarital money for downpayment house


What is the name of your state (only U.S. law)? CA

I wonder of there is a way to protect premarital money later used to purchase marital home. My husband has a premarital home but due to his ex-wife has not sold it yet. She refuses to according to him.
I have equivalent liquid assets
We found a home and he wants me to put my entire asset as the downpayment.
I worry about this.
Him and his wife also have custody issues and she has put a court order on his earnings (unfairly as he was paying support). I worry that in the future she could lie again and they put a lien on our house and my prior safe asset be at risk to her.
I also feel uncomfortable giving all my entire premarital asset and him none of his. Without it we do not get the house
any advice. The house we found is a good deal and may go
  #2  
Old 07-10-2009, 09:05 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,787
Quote:
What is the name of your state (only U.S. law)? CA

I wonder of there is a way to protect premarital money later used to purchase marital home. My husband has a premarital home but due to his ex-wife has not sold it yet. She refuses to according to him.
What does his divorce decree state regarding the premarital home?


Quote:
I have equivalent liquid assets
We found a home and he wants me to put my entire asset as the downpayment.
I worry about this.
I wouldn't. I would tell him no way. I would also keep my assets separate from his.

Quote:
Him and his wife also have custody issues and she has put a court order on his earnings (unfairly as he was paying support).
There is NOTHING unfair about that. It is only child support IF there is a court order. And many places mandate that child support is paid through CSEA/garnishments.

Quote:
I worry that in the future she could lie again and they put a lien on our house and my prior safe asset be at risk to her.
Your prior asset? Dearie if you put it in a marital home and he is on the deed, it is his property and is open to being liened. As for lying? Not.

Quote:
I also feel uncomfortable giving all my entire premarital asset and him none of his. Without it we do not get the house
any advice. The house we found is a good deal and may go
Do you want the house or not? It is a risk you take. Decide.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 07-10-2009, 09:24 PM
Senior Member
 
Join Date: May 2004
Posts: 41,409
Quote:
Originally Posted by Bellabakari View Post
What is the name of your state (only U.S. law)? CA

I wonder of there is a way to protect premarital money later used to purchase marital home. My husband has a premarital home but due to his ex-wife has not sold it yet. She refuses to according to him.
I have equivalent liquid assets
We found a home and he wants me to put my entire asset as the downpayment.
I worry about this.
Him and his wife also have custody issues and she has put a court order on his earnings (unfairly as he was paying support). I worry that in the future she could lie again and they put a lien on our house and my prior safe asset be at risk to her.
I also feel uncomfortable giving all my entire premarital asset and him none of his. Without it we do not get the house
any advice. The house we found is a good deal and may go
Personally, I absolutely wouldn't do it. I would keep my premarital assets completely separate unless my spouse could make an equal contribution.
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  #4  
Old 07-11-2009, 12:01 PM
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Join Date: Nov 2007
Posts: 2,433
Quote:
Originally Posted by LdiJ View Post
Personally, I absolutely wouldn't do it. I would keep my premarital assets completely separate unless my spouse could make an equal contribution.
I second this thought. For all the reasons stated above. And if your husband cannot understand this, he might not be the right person for you.

And so far as houses go, in my area it's a buyer's market. So if this house goes, another may become available in the future that is just as good a deal.

Last edited by penelope10; 07-11-2009 at 02:59 PM.
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