Contemplation of Marriage

[bononos]

What is the name of your state?
OH
Is a home purchased in contemplation of marriage, 3 months prior, using both persons money for down payment, but only mortgaged and deeded to one person still a marital asset?

 

[LdiJ]

What is the name of your state?
OH
Is a home purchased in contemplation of marriage, 3 months prior, using both persons money for down payment, but only mortgaged and deeded to one person still a marital asset?

How long have they been married?

 

[bononos]

Divorce filed for 1.5 yrs. after marriage.

 

[LdiJ]

Divorce filed for 1.5 yrs. after marriage.

I think I'd need a crystal ball for that one. Fairness would indicate that the spouse not on the deed should be entitled to a fair share of the house since they provided part of the down payment. However, unless the down payment was a big one the house may not have had a whole lot of equity at the time that they filed for divorce.

 

[bononos]

Just getting opinions on how others think.
The down payment was 25%.
The home was remodeled at expenses and labor to both parties.
The house sold, without consent from party not on deed, for twice the purchase price.

 

[LdiJ]

Just getting opinions on how others think.
The down payment was 25%.
The home was remodeled at expenses and labor to both parties.
The house sold, without consent from party not on deed, for twice the purchase price.

Well...then I hope the party not on the deed has a darned good attorney....because that certainly wasn't equitable.

 

[bononos]

Well...then I hope the party not on the deed has a darned good attorney....because that certainly wasn't equitable.

I hope I have a good one too!
Just trying to get general ideas of how people view this.
Some can be so adimate that PREmarital is PREmarital, no matter the circumstances, but this "contemplation" word keeps popping up.
I guess it still is a crystal ball question.
It will be up to the judge.

 

[BelizeBreeze]

Just getting opinions on how others think.

Opinions don't mean a thing. Only the law matters in this situation.

The down payment was 25%.

irrelevant

The home was remodeled at expenses and labor to both parties.

Again, unless marital property was used to remodel the home, irrelevant.

The house sold, without consent from party not on deed, for twice the purchase price.

the party not on the deed had no decision making rights in the selling of the home. and frankly, based on a marriage of only 1.5 years, the BEST the party not on the deed can hope for is a share of the equity from the remodel to the sale. And that's ONLY if it can be proven that marital assets were used to convert the separate property to that of marital property.

 

[LdiJ]

Opinions don't mean a thing. Only the law matters in this situation.

irrelevant

Again, unless marital property was used to remodel the home, irrelevant.

the party not on the deed had no decision making rights in the selling of the home. and frankly, based on a marriage of only 1.5 years, the BEST the party not on the deed can hope for is a share of the equity from the remodel to the sale. And that's ONLY if it can be proven that marital assets were used to convert the separate property to that of marital property.

He did say "expenses and labor for both parties"...wouldn't that indicate that marital assets were used?

 

[BelizeBreeze]

He did say "expenses and labor for both parties"...wouldn't that indicate that marital assets were used?

Nope. expenses coming from where?

 

[LdiJ]

Nope. expenses coming from where?

Well...unless I am misunderstanding you, I took expenses to mean the cost of the remodel, and labor to be the labor of the remodel...and that both participated in this.

Maybe I am reading too much into this.

 

[BelizeBreeze]

Maybe I am reading too much into this.

Just remember, YOU said that...not I.

 

[bononos]

To clarify, the home was purchased 3 months prior to marriage. No remodeling commenced until after the marriage. The money used to remodel the home was from both parties incomes and a portion of the wedding gifts.
The problem in my situation -
Ex sold home to his parents after I filed for divorce (stating equitable distribution), but before divorce was final for an amount of $1.00.
And as BB said, I could do nothing about it.
They in turn resold the home for an amount double the original purchase price.

I received NOTHING. Not one cent.

 

[BelizeBreeze]

To clarify, the home was purchased 3 months prior to marriage. No remodeling commenced until after the marriage. The money used to remodel the home was from both parties incomes and a portion of the wedding gifts.
The problem in my situation -
Ex sold home to his parents after I filed for divorce (stating equitable distribution), but before divorce was final for an amount of $1.00.
And as BB said, I could do nothing about it.
They in turn resold the home for an amount double the original purchase price.

I received NOTHING. Not one cent.

And when did this happen? Where was your attorney during this process?

 

[bononos]

We filed a lis pendence (sp).
But, it didn't help. sale still went through.
1st sale - November 2002 - to ex's parents
2nd sale - November 2003 - to 3rd party