She put down $5,000 before we were married and now wants it back, however, after I filed for divorce (date of seperation) I was ordered out of the house and forced to pay mortgage and utilities for 6 months, well over her $5,000. All I'm asking for is half the money. Yes she did put it down before the marriage, but I paid everything after the date of seperation. Will I get my half of the money?
2007-01-12 08:22:28 · 7 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Not likely would she get her down payment back. It was a contribution to the marriage. I had this happen to me. I put $25K down (I got the money from my father in an inheritance), sold the house a year later after paying all the bills and still had to split the sale proceeds with him.
Joint purchases, no matter the sourse are joint, one cannot recover it usually.
2007-01-12 08:30:21 · answer #1 · answered by Jen 5 · 0⤊ 0⤋
Generally, yes, if you are willing to negotiate for it. It really doesn't matter where it came from after it is part of the assets of the marriage. In a divorce in most states, all the assets generated during the marriage, and everything that was brought into the marriage by both parties, are up for grabs unless there was a prenup or the particular asset was kept separate the whole marriage, and you can prove it. So with no prenup, and no separate accounts or property, you and your attorney will come to an agreement with your spouse and her attorney, and if you can't reach a mutually agreeable settlement, the judge will decide. Best of luck.
P.S. It sounds like your were part of a separate maintenance agreement. You don't get 'credit' or 'points' for the money spent under that agreement--it's just gone, out of the estate. Sorry.
2007-01-12 16:30:05 · answer #2 · answered by Dorothy and Toto 5 · 0⤊ 0⤋
Why try for half try for more as you had to move which cost then rent or buy at the new location so you not only paid the mortgage on the marital home but your new place and moved.
I'd start for your $ 5k and then moving expenses and your new rent for that 6 months.
However do talk to your lawyer 1st.
2007-01-12 16:33:54 · answer #3 · answered by Scott 6 · 0⤊ 1⤋
I think bowler is right.
In a community property state I'm thinking you'd get half.
If you both lived in the house together as marrieds the fact that she put this down before marriage doesn't enter into the equasion. It was for your (both of your) house.
2007-01-12 16:32:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Divorce cost a lot the reason why is it worth it. Pay any thing you can just to get away from her and so you will not have to pay forever.
2007-01-13 01:29:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You or your lawyer will have to negotiate this or if you can't reach a settlement a judge will decide.
If you live in a community property state you should be entitled to half.
2007-01-12 16:28:04 · answer #6 · answered by jbowler 3 · 1⤊ 0⤋
She keeps her $5000 and she owes you half of what you paid.
2007-01-12 16:30:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋