pduff
(recently joined)
10/22/09 03:06 AM
Need help guys

Just looking for some friendly advice from someone in a similar situation. I live in mAss and 3 months before we were married my wife and I bougt a house. She put down 300k or the majority of down payment....its been 6 years of marriage and we are getting divorced...since we ahve been married I have made 300k more than her over the years...I offered to take 75K and leave her w the remainging 325k that we are making on profit...thats less than 20%...she balked and her lawyer says I should get like 20K...are they serious....I was thinking if not half but maybe 40 45 %...but maybe Im delusionall....I mean I did work 60 hours a week for the past 6 years maintaining this house and paying the mrtgage...should I fight on?

Atlas
(journeyman)
11/03/09 01:52 PM
Re: Need help guys

I had somewhat of a similar situation -- married 7 years, but when she sold her condo we dumped the profits into our condo. She wanted to give me less of the equity because of it. I think the law states that 5 years or less constitutes a short-term marriage, basically where you take out of the marriage what you put in. 15 years or longer is a long term marriage -- regardless of what you put in you both split 50/50 all assets. Between 5 and 15 years is a gray area and the judge has discretion.

I think you have a strong argument that you should both split the equity 50/50, based on how much more income you made.

What we ended up doing was I gave her the house and kept all of my retirement - basically making it a wash. But we split all our assets 50/50 - and our marriage was only one year longer than yours.

What did your attorney say?



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