Scenerio: When I got married I had 40,000 and owned a home for the past 15 years. Got married and sold home and moved to a new home. Spent the 40,000 on downpayment and other misc. major purchases. Spouse had a 3000.00 mobile home and a few belongings. Now getting a divorce. Do I have any legal rights as far as re-cooping any of the money that was spent or are we supposed to split everything 50/50? And please don't tell me what a dumba$$ I am...I already know this.
2007-01-22 07:22:35 · 9 answers · asked by Sue 2 in Family & Relationships ➔ Marriage & Divorce
Property division is not automatically 50/50! there is usually a phrase that says "fair and equitable" distribution depending on which state you're in. Also if you have a copy of that $40k check you wrote and it is not from a joint account, but your personal one you might be able to show the court how you spent a disproportionate amount on the house and get much of it back. With as much money as you are talking about it is worth consulting an attorney - Good Luck
2007-01-22 07:47:08 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you don't have a prenup, good luck getting back your fair share. But the 50/50 depends on what state you're in, actually. For state's with a no-fault clause, it's 50/50. Some states will actually assign the blame of divorce to one person, and that person will get less than 50%.
2007-01-22 07:50:44 · answer #2 · answered by Pink Denial 6 · 0⤊ 0⤋
a million: major different receives no longer something. that is a pre marital asset. 2: 50/ 50. Your real difficulty is that if both segregated money owed you search for suggestion from with are one and a similar account. once you deposit placed up marital resources, purely because it is "segregated" doesn't propose your major different isn't entitled to 0.5. the point of segregating is to make fairness distribution sparkling and quickly. that is so a lot more suitable complicated if the account has both pre and placed up marital resources.
2016-10-15 22:56:57 · answer #3 · answered by ? 4 · 0⤊ 0⤋
You are entitled to nothing other than the 50/50 split unless there was a prenup.
2007-01-22 09:13:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Unless you signed a pre-nup agreement I think you are out of luck and the judge will go the 50/50 route.
2007-01-22 07:26:01 · answer #5 · answered by tchem75 5 · 0⤊ 0⤋
Nope, unless you had a prenup. It'll go 50/50.
2007-01-22 07:27:47 · answer #6 · answered by jude 2 · 0⤊ 0⤋
i think you are going to slipt everything 50/50 or depending if thier is kids involved, My parents got divorces 8 years ago and my mom although she didn't pay for the house and car got to keept the house and car because of me so it all depends how well you fight in court and yes if you do the math i'm 15 but i'm old for my age.
2007-01-22 07:26:58 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Since you co-mingled the assets, they are probably subject to the distribution laws governing the state handling the divorce.
Sorry
2007-01-22 08:17:07 · answer #8 · answered by camys_daddy 5 · 1⤊ 0⤋
Be happy he is getting out of your life as you are not going to recoupe your losses
2007-01-22 07:27:32 · answer #9 · answered by Mike 6 · 0⤊ 0⤋