Recent content by MarcyS

Thanks everyone. I thought "passive appreciation" was an accepted term for when an asset, such as a piece of property, increases in value just due to luck of market conditions as opposed to increasing in value due to effort by a human. Correct me if I'm wrong. I've certainly come to realize...

There is a chart on the bottom of the page that says whether in each state increase in value of property is separate or marital. I wish you had stated your answer more plainly. New Mexico is a community property state. Are you saying that in all community property states passive appreciation is...

Of course the minute I write a question here, I find a resource that I think answers my question: https://www.divorcesource.com/ds/property/property-classification-upon-divorce-618.shtml

The title says it all. Sorry if it's a dumb question but many places online I see that in some states only active appreciation of an asset is divisible in a divorce (not passive appreciation) but I can't seem to find anywhere that specifically mentions which states are which way. I need to know...

So I did not turn my parents' shares into community property by paying the mortgage with community funds (my personal income)?

Do you think I owe him 1/6 of the appreciation of the total property because the deed makes the property 1/3 mine? Or do you think I owe him 1/2 of the appreciation of the total property because my income paid the mortgage? I wish I could put a poll on this site.

I'm not sure what you mean by "subject to a discount" Could you expand?

Ohiogal may have taken my "Thanks for arguing" statement as sarcasm. I assure you I did not intend it that way. I really do thank all of you who bothered to post any thoughts at all about my issue. You act like some of you are right and some of you are wrong, but I must be prepared that my...

As I studied what all you helpful people wrote, I'm again stumped. It seems most likely that most of you believe I owe him 1/6 of the appreciation of the total asset, not 1/2 of the metal building. But, the judge seems to believe I owe him 1/2 of the metal building (but, she seems to see this...

I'm simply trying to be an informed consumer of my attorney's services. I'm sorry if I have done something improper by how I phrased my questions. I was trying to give only the relevant information to make your time better spent. I didn't figure property was divided differently in bifurcated...

I really appreciate you all arguing about my issue to help me figure it out. In fact the divorce is not over. We were granted bifurcated divorce in 2014. Last month we had court and the judge tried to talk us both into agreeing I should pay him $39K partially based on the idea he is owed 1/6...

I'm not sure what you're getting at. For purpose of the divorce, I either own all, 50% or 33%. The language of the deed implies we all three own it as much as any other. Do you want to see a scan of the deed? Do you have thoughts on my other questions?

What is the name of your state? New Mexico In 2002, I bought a property with both of my parents. It had one building (cinderblock restaurant 3500 sq. ft.). We began to build another (metal shell 5000 sq ft.). In Nov. 2004 I married. At that time, the "new building" had passed foundation...