MommaMia
(Platinum)
09/24/07 02:03 PM
68.205.252.226
Re: HELP NEED SOME OPINIONS ANSWER GUY?

When you get an inheritance, that inheritance is yours alone. However, if you use that inheritance to purchase something during the marriage, say a house, that becomes marital property. I realize the purchase was made before the marriage, but now the equity is in question. I don't think she can touch the original 70k.

I live in Florida.

I also have a child, my name was on the deed and the house was purchased after we married. I don't believe I would have lost in court at all. When he put my name on the house, that was a "gift" to me.

Your wife may get a portion of the equity. Think of it this way. Say you had a 401k worth 70k when you married. That's yours. While you were together, that 401k increased in value to 270k on the day you file for divorce. Your ex wife would be entitled to half of that increase, or 100k. That's just the way it is. When you were together, both working and contributing to the marriage, property that you owned (and she owned too if you are in a community property state) increased in value. She is entitled to half of that increase, or so her attorney will claim.

When a gift or an inheritance is used to purchase a marital home is where this can get tricky, and the outcome will be up to the judge. She could claim that she paid more per month and contributed to the upkeep of the home. Can you prove that she didn't?

Also, dating someone after 2 months doesn't sound like you were trying to work it out for too long.



Contact Us | Privacy statement Divorce Support Forums

Powered by UBB.threads™ 6.5.2