My house during a divorce what am i entitled too?

[quincy]

Hopefully Barrcor understands now, at any rate, that her husband was lying and probably will continue to lie.

 

[Barrcor]

Do not be surprised if the soon to be ex`s attorney ask for the down payment to be paid back. Have you considered using two sheets of paper and making columns and on each start with monthly house payments pre marriage for each of you and what each person paid then Post marriage to see what each of you paid then ( don't bother with utilities ) property taxes and ins pre marriage and post marriage then begin to total up the materials bought to do things and who paid what and then finally the current market value of the home if it were to be sold I suggest this all because maybe you want to see exactly how it all totals out and who paid what as far as materials and the actual mortgage and then divide it against what the house could be sold for and also just for the heck of it deduct the 60k down payment and see what is left over ( I suggest to do this because if your divorce attorney needed the information why on earth would you want to pay attorneys clerk-staff to total it all up for you?

No I haven't keep track but in the beginning when we needed the down payment my husband was short $15k to make our 20% down and that $15k was a check mailed down from my grandfather. Which I should be able to get a copy of that check since it is my side of the family if that will help! But I have never tracked what I have paid. But I also put in new floors in the house and other renovation jobs, I guess I would have to find that receipt. is this what it will come down to proof of receipts on who paid what? Thanks for your help!

 

[quincy]

No I haven't keep track but in the beginning when we needed the down payment my husband was short $15k to make our 20% down and that $15k was a check mailed down from my grandfather. Which I should be able to get a copy of that check since it is my side of the family if that will help! But I have never tracked what I have paid. But I also put in new floors in the house and other renovation jobs, I guess I would have to find that receipt. is this what it will come down to proof of receipts on who paid what? Thanks for your help!

No. What was put into the house was for the benefit of both of you.

 

[Barrcor]

It is also possible that Barrcor could walk away with all of the equity in the house (and the house) - in exchange for giving up another (comparable) marital asset.

But it is important for Barrcor to have a divorce attorney as it seems clear that her soon-to-be-ex is already trying to convince her of things that are not true.

I believe the house is the biggest asset the only other asset I can think of is a brokerage account he has which is close to $100k in stocks (but that flucuates due to the market) I am a beneficary on that account but he also had this account prior to marriage so I do not know if this is even asset I could get! Thanks!

 

[LdiJ]

That may be the case, but, as written, the post was misleading.

I agree.

 

[LdiJ]

I believe the house is the biggest asset the only other asset I can think of is a brokerage account he has which is close to $100k in stocks (but that flucuates due to the market) I am a beneficary on that account but he also had this account prior to marriage so I do not know if this is even asset I could get! Thanks!

If he put more money into it during the marriage that money and its growth would be marital property. If it has just sat there during the marriage it would not be marital property.

 

[quincy]

I believe the house is the biggest asset the only other asset I can think of is a brokerage account he has which is close to $100k in stocks (but that flucuates due to the market) I am a beneficary on that account but he also had this account prior to marriage so I do not know if this is even asset I could get! Thanks!

The division of property will be negotiable.

If you have joint bank accounts, you might want to freeze them before your husband clears them out. And you might want to open your own (secret) account and start feeding it money so your husband doesn’t leave you with no funds.

Your attorney can advise you further.

Good luck.