mn_dad
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Reged: 04/15/05
Posts: 6
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I signed a purchase agreement 6 months before I closed on my house. An appraisal was done right before I closed and it came in at $10,000 more than I paid. My girlfriend moved into the home with me a week after I moved in. I paid for all of the expenses, she drove my truck and she bought part of the groceries. We ended up getting married 6 months later. I refinanced for a lower rate 6 months into the marriage. We had a son and we are now getting divorced after 4 years.
She now claims that she contributed just as much toward the household as I from the beginning, she just didn't make the payment. In reality, she blew her money on clothes, etc. Her lawyer is saying that my premarital interest in the home is my purchase price, not the slightly higher appraised value when I closed, and is giving me no appreciation because the now wife lived in the home for the same amount of time. 6 months only before marriage!
My attorney calculates that I have appreciated premarital equity up the to time that we got married. He did a monthly allocation based on the time between the first appraisal and the refi appraisal. I have shown the money flow for EVERY payment I made before and during the marriage. She has provided no support to any premarital interest. The difference between the two lawyers numbers is about $40,000. She won't compromise, threatening trial all the time.
Does anyone know for sure, based on law or historical cases who is right? My wife is using my son as a bargaining chip and basically trying to clean me out. I honestly feel that without any support for her paying toward the house, she has no premarital claim. She was not on any paperwork until the refi, and then only on the title because of the marriage. HELP!
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