401k

What is the name of your state (only U.S. law)? ohio
I am in the process of getting divorced Our house is in forclosure.It is up for auction in jan. Two months before we got married I took 41,000.00 out of my 401k as a hardship withdraw to have 30,000.00 to use as downpayment. There is no equity in the house we owe 170,000.00 so we will have a loss. So now my husband wants part of my 401 can i use the part that i put down on the house as his part of my 401k before the withdraw it was worth 98k now onlyits only worth 68k we where only married eight years. most of 401k was given to me by my work before the marriage.

Your spouse is only entitled to share the MARITAL portion of your 401k.

Does that mean that only the part that i invested while we were married he can get.Can he touch any part of the stock that was given to me by my employer before we were married Can he get the interest from it.Do you think i can get any part of the downpayment back from him

tincey08 said:

Does that mean that only the part that i invested while we were married he can get.Can he touch any part of the stock that was given to me by my employer before we were married Can he get the interest from it.Do you think i can get any part of the downpayment back from him

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No, you cannot get any of the downpayment back from him.

Yes, he is only entitled to share in the amount you invested during the marriage, and any accrued interest or appreciation on that part of the investment.

Anything that accrued to you prior to the marriage is completely separate property.