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cherylannd

Junior Member
:eek:What is the name of your state (only U.S. law)? Florida
I am going through a divorce. Before we got married 7 1/2 years ago, we purchased a single family home. I put the deposit of $200,000 on the house. As it comes to pass, I have to show the burden of proof that I put that money down. I do not have my bank statements or cancelled checks. I have called the bank and they have advised me that they do not keep records longer than 7 years and that they do delete them. My lawyer subpoenaed the closing attorney, but he does not have copies of the two checks (one for $20,000 deposit and the other for $180,000) that I made out at the closing!!!!! What do I do???? Am I out this money now?????? HELP!!!!!!! How do I prove that I put these monies down if I cannot provide any paperwork?
 


Proserpina

Senior Member
:eek:What is the name of your state (only U.S. law)? Florida
I am going through a divorce. Before we got married 7 1/2 years ago, we purchased a single family home. I put the deposit of $200,000 on the house. As it comes to pass, I have to show the burden of proof that I put that money down. I do not have my bank statements or cancelled checks. I have called the bank and they have advised me that they do not keep records longer than 7 years and that they do delete them. My lawyer subpoenaed the closing attorney, but he does not have copies of the two checks (one for $20,000 deposit and the other for $180,000) that I made out at the closing!!!!! What do I do???? Am I out this money now?????? HELP!!!!!!! How do I prove that I put these monies down if I cannot provide any paperwork?
What is your attorney saying about it?
 

mistoffolees

Senior Member
:eek:What is the name of your state (only U.S. law)? Florida
I am going through a divorce. Before we got married 7 1/2 years ago, we purchased a single family home. I put the deposit of $200,000 on the house. As it comes to pass, I have to show the burden of proof that I put that money down. I do not have my bank statements or cancelled checks. I have called the bank and they have advised me that they do not keep records longer than 7 years and that they do delete them. My lawyer subpoenaed the closing attorney, but he does not have copies of the two checks (one for $20,000 deposit and the other for $180,000) that I made out at the closing!!!!! What do I do???? Am I out this money now?????? HELP!!!!!!! How do I prove that I put these monies down if I cannot provide any paperwork?
The judge is not a mind reader. If you can't prove something, it doesn't exist as far as the court is concerned.

You'd better start digging through your attic. Or, a witness MIGHT be sufficient.

You could always hope that if asked directly by the judge your stbx would be honest and admit that you paid $200 K down with separate funds, but don't count on it. If he or she does admit that, you won't need paper documents.
 

VeronicaLodge

Senior Member
what about paper work that shows you bought the house for X amount and only borrowed X-200k? to purchase it? something on the closing documents shows you put down 200k without having to have copies of the checks! surely? right?
 

LdiJ

Senior Member
what about paper work that shows you bought the house for X amount and only borrowed X-200k? to purchase it? something on the closing documents shows you put down 200k without having to have copies of the checks! surely? right?
When you close on a house you show up with cashier's checks. There would not be a trail of when the money came from...only that it came from the joint parties purchasing the house.

However...she might have something that she filed away with her copies of the closing paperwork that shows something.
 

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