gifted property after marriage

What is the name of your state? Washington

My wife and I have been together 26 years, married 21, with 2 children (ages 10 & 13). Approx. 6 years ago, my wife was "gifted" our family home from her parents of which we lived in for almost all the 20 years together prior to this "gift". All my income went into our joint account of which payed the bills and upkeep on the property (co-mingled with my wifes small income of taking care of her mother). Two years after this "gift" was given my wife, and 4 years ago from today, we refinanced the house valued at about $155K (both names). Now, as luck would have it, my wife fell in love with another man two months ago and is filing for a divorce of which I (obviously but sadly) agree to. She has become hostile and angry and threatens that I have no legal right to the property and says I'm lucky to get the $20K offer to quitclaim the property to her. I am 42 now so you can see that my whole adult life was dedicated to this marriage, family and home. $20K is not much when forced to start all over again, but I am reluctantly willing to take it just to end this whole emotional mess for the sake of our children. Does anyone in the know, know if I am consider lucky here to get the 20K? I am tired of her using this as a threat (to withdraw the offer) to get everything else she wants in the conditions of the divorce. By the way, the house is valued at close to $300K, and Washington State is a community property and no-fault divorce state. Not looking for sympathy (well... maybe alittle as I gave more detail than necessary ;-), just some good, sound and hopefully legal advice. Thanks in advance.

I'm not a lawyer, but I'm pretty sure, hey, she co-mingled it, tooo bad, sooo sad for her. Listen, with that much equity she should be able to refinance that puppy in her name AND get the money to buy you out as well. Let her get her parents to co-sign her loan. If she can't, or won't, well then I guess the house will have to be sold, bottom line. What you settle for, is what you settle for...you don't want to kick yourself later!!!! Seems like there is at least 150,000 equity in the house, why would you settle for 20? Thinking that you need 20% down to obtain a mtg these day & not have to pay PMI and/or a higher interest rate, that gets you about a 90,000 house (not much really), not including closing costs ect. NOW, why are you being so nice? KNOCK IT OFF. She's the one who commited adultry, you are giving up your home..what about the children? Are you going for joint custody or going to allow her to just zip the bucks out of your wallet and you can be a visitor to your kids? You don't want to end up in a bungalow, struggling to balance your bills between the mtg and the child support while she lives in your house and her boyfriend is playing daddy to your children.

Sorry, this really has me going. Please fight this battle. I wouldn't settle for much less then 50,000 (selling will cost you probably repairs to make it marketable and realtor fees, ect. that's why I'm saying less) and joint custody of the children, her 50% you 50% with little or no support changing hands. She can't support herself? That's just to damn bad, she should have thought of that before she destroyed her family.

Good Luck!

KAT

seek the best certified family attorney you can find in your area..... your going to need one to hold on to your family and assets.......... good luck........

you can get the best advice on here or you can get an attorney,..... you will need the attorney in the end so go find one now.... don't allow yourself to be screwed out of what is yours..