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Whose money

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S

sittinpretty

Junior Member
What is the name of your state?MI
I'm in the process of a divorce. Our case management conference didn't quite go my stbx's way, so he's pissed and the battle is on. We have agree to sell our present home. We both owned homes when we married. He sold his and banked the proceeds. I sold mine and put the money down on this one. Am I entitled to a bit more than "half" of the proceeds when this house sells?
 


LdiJ

LdiJ

Senior Member
sittinpretty said:
What is the name of your state?MI
I'm in the process of a divorce. Our case management conference didn't quite go my stbx's way, so he's pissed and the battle is on. We have agree to sell our present home. We both owned homes when we married. He sold his and banked the proceeds. I sold mine and put the money down on this one. Am I entitled to a bit more than "half" of the proceeds when this house sells?
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I would fight to have whatever you put down come off the top before the proceeds are divided....or in turn fight to have the money he banked be considered a marital asset as well. However the bottom line is that the property settlement needs to be fair, and you should not give in to anything that isn't fair.
 
V

VeronicaGia

Senior Member
sittinpretty said:
What is the name of your state?MI
I'm in the process of a divorce. Our case management conference didn't quite go my stbx's way, so he's pissed and the battle is on. We have agree to sell our present home. We both owned homes when we married. He sold his and banked the proceeds. I sold mine and put the money down on this one. Am I entitled to a bit more than "half" of the proceeds when this house sells?
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You don't mention how long you've been married, which could be important. You also don't mention if you've received any benefit of the money "he banked." In other words, did you have use of that money?
 
B

BelizeBreeze

Senior Member
or in turn fight to have the money he banked be considered a marital asset as well.
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She can try all she wants, but property owned BEFORE the marriage, even when liquidated during the marriage, is separate property.

She used proceeds of her sale to put the down payment on the house and THAT is the only issue.

The major question here is who made the house payments, the upkeep and the other expenses of owning the home? Also, how is the home deeded? (one name or both)
 
S

sittinpretty

Junior Member
Current home is deeded to both. We split mortgage.
His pre-marraige home was in his name only.
My pre-marriage home was in my name only. He was never added to the deed. I paid the mortgage and did all of the upkeep. We have been married 11 years. I received no benefit from his money.
 
B

BelizeBreeze

Senior Member
sittinpretty said:
Current home is deeded to both. We split mortgage.
His pre-marraige home was in his name only.
My pre-marriage home was in my name only. He was never added to the deed. I paid the mortgage and did all of the upkeep. We have been married 11 years. I received no benefit from his money.
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Then 1/2 each minus your downpayment. Or, if he doesn't agree, petition for Partition for sale with all legal fees and costs taxed to defendant. ;)
 
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