How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask SC Law Attorney Your Own Question

SC Law Attorney
SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience:  I have been practicing primarily in the field of Family Law for approximately 17 years
20405397
Type Your Family Law Question Here...
SC Law Attorney is online now
A new question is answered every 9 seconds

I have been married for 9 years. My husband started cheating

Resolved Question:

I have been married for 9 years. My husband started cheating 2 years into our marriage. My home was my seperate property before we married as it was left to me from my prior marriage when my husband died. I want to know if we together took an equity loan on my property and paid off my husbands student loans.....which were from before our marriage.....can I request this back and am I entitled to it? I paid off $21,000 for his student loans using the equity from my home. Does this equity loan make my home marital property or is it still considered non marital property. I live in Texas, One more question.....since I was a widow....I had a considerable sum of insurance money from my husbands death. I paid off $22,000 of debt from my current husband at the very beginning of our marriage with this seperate money......am I entitled to that back?
Submitted: 4 years ago.
Category: Family Law
Expert:  SC Law Attorney replied 4 years ago.
Chat Conversation Started
Attorney Hayes :

(b) If community property subject to the sole management,
control, and disposition of one spouse is mixed or combined with
community property subject to the sole management, control, and
disposition of the other spouse, then the mixed or combined
community property is subject to the joint management, control, and
disposition of the spouses, unless the spouses provide otherwise by
power of attorney in writing or other agreement. The general principle when property is co-mingled is as follows:


  • Property purchased with a combination of separate and community funds is part community and part separate property, so long as a spouse is able to show that some separate funds were used. Separate property mixed together with community property generally becomes community property.

  •  

    Attorney Hayes :

    If the parties themselves can agree on divisions and classification of properties as community or not, then the Court will usually accept that classification.

    Attorney Hayes :

    You should also be sure to notify your attorney that you have claims for "equitable reimbursement", which is a concept that applies to the payment out of your separate estate (your inheritance) to his college loans.

    Customer :

    what about the debts I paid off going into the marriage.....I have receipts of them being his seperate debt and I paid them off with my inheritance to make our budget manageable. Am I entitled to that back as well...he is at fault for the divorce.

    Attorney Hayes :

    If you paid off debt PRIOR to the marriage, then family court may not have jurisdiction over it because you were not yet married. I'd bring it up anyway in the divorce process and let a Judge tell you you can't as opposed to not bringing it up at all. If you paid it AT THE BEGINNING OF THE MARRIAGE, that is where equitable contribution comes in, and you can ask for reimbursement

    Customer :

    you have been a great help! I have struggled all along with knowing what is right and knowing what is "the law".

    Attorney Hayes :

    Thank you. You should be sure to let your attorney know the whens & details and HAVE PAPERWORK backing up your position. Good luck

    SC Law Attorney, Family Law Attorney
    Category: Family Law
    Satisfied Customers: 344
    Experience: I have been practicing primarily in the field of Family Law for approximately 17 years
    SC Law Attorney and 10 other Family Law Specialists are ready to help you

    JustAnswer in the News:

     
     
     
    Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
    JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
    Web sites like justanswer.com/legal
    ...leave nothing to chance.
    Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
    Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
    I will tell you that...the things you have to go through to be an Expert are quite rigorous.
     
     
     

    What Customers are Saying:

     
     
     
    • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
    < Last | Next >
    • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
    • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
    • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
    • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
    • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
    • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
    • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
     
     
     

    Meet The Experts:

     
     
     
    • Ely

      Counselor at Law

      Satisfied Customers:

      8085
      Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
    < Last | Next >
    • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

      Ely

      Counselor at Law

      Satisfied Customers:

      8085
      Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
    • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

      LawTalk

      Attorney and Counselor at Law

      Satisfied Customers:

      6424
      27+ years legal experience. I remain current in Family Law through regular continuing education.
    • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

      FiveStarLaw

      Lawyer

      Satisfied Customers:

      6336
      25 years of experience helping people like you.
    • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

      Dimitry K., Esq.

      Attorney

      Satisfied Customers:

      5987
      I provide family and divorce law advice to my clients in my firm.
    • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

      Tina

      Lawyer

      Satisfied Customers:

      5773
      JD, 15 years legal experience including family law
    • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

      Brandon M.

      Family Law Attorney

      Satisfied Customers:

      3810
      Attorney experienced in all aspects of family law
    • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

      Thoreau (T-USA)

      Lawyer

      Satisfied Customers:

      2634
      Attorney
     
     
     
    Chat Now With A Family Lawyer
    SC Law Attorney
    SC Law Attorney
    Attorney
    344 Satisfied Customers
    I have been practicing primarily in the field of Family Law for approximately 17 years