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bross
recently joined

Reged: 02/24/06
Posts: 6

a foreclosed house & divorce!

#82061 - 02/24/06 10:32 AM

Please tell me if a spouse who contributed a down payment on a house, that was purchased and foreclosed on during marriage, has legal recourse to get the money back in a NYS Divorce?

Edited by bross (02/24/06 10:33 AM)

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StrayAngel
journeyman

Reged: 03/03/05
Posts: 59

Re: a foreclosed house & divorce!

[Re: bross]
#82125 - 02/24/06 01:10 PM

Not a lawyer, so I know I could be wrong here but...
I cant see how it would be possible for a person to expect a return of this money if the foreclosure occurred DURING the marriage. The only way that comes to mind is if the $$ towards down payment was considered a loan at the time rather than a contribution. Was the house in both names?

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bross
recently joined

Reged: 02/24/06
Posts: 6

Re: a foreclosed house & divorce!

[Re: StrayAngel]
#82790 - 02/27/06 09:36 AM

no the house was in just one's name.

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Miranda
Carpal \'Tunnel

Reged: 06/02/05
Posts: 20822
Loc: North of Mexico

Re: a foreclosed house & divorce!

[Re: bross]
#82841 - 02/27/06 11:37 AM

It does not matter how things are titled, if it occured or was acquired during the marriage it is usually considered marital.

--------------------
13.1...because I am only half crazy!

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bross
recently joined

Reged: 02/24/06
Posts: 6

Re: a foreclosed house & divorce!

[Re: Miranda]
#83146 - 02/28/06 09:36 AM

so does that mean that the sponse is entitled to the downpayment?

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