Interrogatories and Seach for Hidden Assets

[chiswick]

I want to keep the house as I bought it before I married and I put a lot into the home as far as project I worked on every year throughout the marriage. Did a lot of renovations as far as flooring, putting a pool in , decks, sun room, planting shrubs, stonewalls all to please the wife and new kitchen with granite etc. Didn’t appreciate any of it.

 

[chiswick]

By the way wife now tells me she is not selling the home tonight and that I cannot just throw her out in the street. Now that I have this info. it will be interesting to see what my lawyer advises me in Friday. I will post results then and what our next action item is.

 

[chiswick]

By the way we agreed that I would buy her out at our four-way conference and it was stated in the pre-trial memorandum that it was one of the issues we agreed on.

 

[Zigner]

Offer her more money...

Or better yet, since you're represented, you need to talk to your attorney. We can't/won't be able to help you.

 

[stealth2]

Did a lot of renovations as far as flooring, putting a pool in , decks, sun room, planting shrubs, stonewalls all to please the wife and new kitchen with granite etc.

Just curious - did you ask her if she wanted any of what you did?

 

[chiswick]

Yes she did.

 

[HRZ]

WHy offer more money if one has yet to figure out the issues driving STBX ..If she knows you must have home then she is free to extract higher outcome...be willing to get it sold tomorrow afternoon. With a defined split ?

 

[not2cleverRed]

I want to keep the house as I bought it before I married and I put a lot into the home as far as project I worked on every year throughout the marriage. Did a lot of renovations as far as flooring, putting a pool in , decks, sun room, planting shrubs, stonewalls all to please the wife and new kitchen with granite etc. Didn’t appreciate any of it.

Most of those sound like capital improvements to me. A helluva lot more than $30K worth during the marriage, not counting whatever was paid on the mortgage. during the 19 years.

I'm wondering where you got your $30 K figure for buying her out. Have you just been taking out a series of home equity loans for all these projects?

By the way wife now tells me she is not selling the home tonight and that I cannot just throw her out in the street. Now that I have this info. it will be interesting to see what my lawyer advises me in Friday. I will post results then and what our next action item is.

Again, it is time to stop communicating with her. Period. This is too "War of the Roses".

Do everything on paper. Consult your lawyer. Ask if moving yourself into your sisters or wherever and put anything of value in storage would be considered abandoning your claim on the property.

By the way we agreed that I would buy her out at our four-way conference and it was stated in the pre-trial memorandum that it was one of the issues we agreed on.

Since she wants to have her cake and eat it, flush her out with a counter proposal: she can keep the place if she can show the court that she could buy out your share AND get the mortgage refinanced in her name. Maybe you can toss in the costs incurred by her changing her mind on the issue.

 

[not2cleverRed]

WHy offer more money if one has yet to figure out the issues driving STBX ..If she knows you must have home then she is free to extract higher outcome...be willing to get it sold tomorrow afternoon. With a defined split ?

I totally agree.

Apparently he has sentimental attachments because he bought it before marriage.

 

[stealth2]

And HRZ hits it. Wife pretty much holds the cards right now.

And Red also has it. Unless the "pool" was a little wader or an above-ground, that or the kitchen (done properly), separately, would run close to $30k or more.

 

[chiswick]

Saw my attorney today. She is going to file a motion to vacate for which a hearing will be held in April. No loans for home improvements. I saved money by doing most of the work myself.

Her associate partner was there today and was in the courtroom same day as my case and came in to our meeting after my attorney called her in and said she clearly heard the judge say buy her out and get her out of there.

 

[stealth2]

The actual amount you spent may well matter less than the increase in value the improvements provided.

 

[not2cleverRed]

Saw my attorney today. She is going to file a motion to vacate for which a hearing will be held in April. No loans for home improvements. I saved money by doing most of the work myself.

Her associate partner was there today and was in the courtroom same day as my case and came in to our meeting after my attorney called her in and said she clearly heard the judge say buy her out and get her out of there.

Again, how did you calculate the $30K buyout $?

She may have agreed to you getting the house - that doesn't mean that she agreed to that number.

 

[chiswick]

30k is what remained on mortgage. She is getting 1/2 of what home appraised for.

 

[LdiJ]

30k is what remained on mortgage. She is getting 1/2 of what home appraised for.

The 30k for the balance of the mortgage should come off the top before dividing the remainder in half. Example: If the house is worth 200k, and the mortgage balance is 30k, then the amount of equity you divide is 170k or 85k each.

However, I do not believe that its the house per se that is causing your wife to dig in her heels. She really does seem to believe that you are hiding assets or otherwise playing games with her, and therefore she is not going to back down until she is certain that she is not getting scammed.

I am not accusing you of anything. I am trying to help you understand her potential motivation. However, you do come across as a bit cagey. When you don't want to answer a question you dance around it and when someone gives you fact specific advice you tend to simply pretend it never happened.

I also think that you are biting yourself in the behind if you want her out and you keep insisting on putting her share of the money in escrow with your attorney.