jojo74
recently joined
Reged: 02/05/13
Posts: 1
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We previously were married to each other and I took a beating the first time around. When we bought our marital home/property, he used 50K from property he had sold. Our new property has always been in both names... title, deeds, ins., mortgage everything. He's saying he should get credited for that because it wasn't marital property. I had read that even if one person did contribute money to the down payment, if it was to the marital residence and both names were on property it was a gift to the marriage. Do you know anything about this? I live in Kansas. All of our bills come out of a joint checking acct. All mortgage payments, ins., taxes etc. Nothing has ever been kept in seperate accts. Plus the fact, he's wanting to use our first decree as a starting point for division of property. Like I said earlier, I took a beating. Shouldn't all property and assets and debts be devided? If it was all just his, shouldn't he have kept it all in a seperate account and not put my name on things??? Please help!!
Edited by jojo74 (02/05/13 02:42 PM)
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matilda
Pooh-Bah
Reged: 11/11/04
Posts: 2092
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My sister got the money that she had before the marriage back when they divorced. If he can show a money trail from the sale of his house prior to your marriage, he might get that money back. It would depend upon the judge. My question is if the tables were turned around and you used your premarital money as a down payment, wouldn't you want it back?
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6481
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I look at the downpayment for our house that I paid with my premarital funds as comingled once I spent it on OUR house.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2018
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What does your attorney say about it? Personally, I think that it has been thoroughly co-mingled and he is not entitled to recover it. Is there even any equity in the house?
The first decree is the past and is not a starting point. The starting point is what was bought during this marriage. And the house was. The fact that he used pre-marital funds for a down payment is irrelevant. It was his choice to do so. He could have not used it and kept it completely seperate. He chose not to. Instead, he chose to co-mingle it.
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MinnesotaMom
member
Reged: 01/05/11
Posts: 193
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[quote]I look at the downpayment for our house that I paid with my premarital funds as comingled once I spent it on OUR house. [/quote]
Would you feel the same if 2 months after getting married, your spouse was f'ing the neighbor in your bed while you were at work?
I think the situation sets the opinion.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6481
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I think comingled is comingled. I don't think there is any time limit, or should there be, on how long you have to have been married after saying, "I do" to actually be considered married (which would make these funds comingled).
I'm not saying that that wouldn't absolutely SUCK if that happened to me, or anyone that I know, but I play by the rules.
I'm also not saying a judge will ALWAYS rule the way that I believe this should be decided, but I still believe it's comingled. I believe in a divorce settlement, the 2 month cheater who had no $ of his own to put towards the downpayment is legally entitled to property division per the laws of his state.
Of course, in such a case, if the cheated on newlywed was smart, they could make the claim the marriage should be annulled. Sure looks like Mr 2 month never intended to keep those vows. If the marriage is voided, the comingle is voided.
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