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Co Mingled?

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Going through sep/divorce, and stuck on settlement agreement...

If previous home was in stbx's name (he co owned it w/ his FIRST spouse, bought her out) and then we lived there, as a family for three years, sold it, took the equity and put it down on current home, which we have lived in for 6 years, is that equity from the sale of first home premarital?

I am on the DEED, always a co owner, of this house, home f/t til children are all in school f/t...yet, not on the MORTGAGE.



Senior Member
unless i am missing this one and as long as there were no prenups signed.

when you were married, his assests became your assets. the home belonged to both of you. when you sold the home and invested the money into the new home - that home also became a marital asset.


Thank you, Ambr. I've been reading everything I can find, various law sights, and it seems to be the general concensus, it's just amazing that this is a sticking point, one would think his atty would get him past that.

There are so many issues, I dont even know where to start, but I guess I also have a question about his idea on the marital home.

Our initial discussions were that we would sell, and both downsize. I've been here w/ the children (one of whom is handicapped) in the year and a half since splitting up, and out of the blue, he wishes to attempt to buy me out, moving in here, by himself, while the three children and I find a rental.

My MAIN concern is the kids. IF/when we move, its going to be traumatic enough, but having to revisit thier own home, thier rooms, thier friends, then leave...to a strange place, while the house sits empty as he works incessantly...the fact that my child is autistic, this would NOT be easy on him at all...its a rough transition as it is...back and forth...

It was a surprise to say the least, and, of course, has caused some bad feelings, but I wont budge on this...if I move out, we BOTH should think of whats easiest on the kids...right?

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