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You can only use money that is your own separate property to purchase the home - using joint community property prior to division but knowing that it will be divided just looks bad.
I find this confusing. You say "can only" and "looks bad". Which is it?
I don't see much difference between her buying a car with her "half" of the money vs. me buying a house. Is there a difference? Was her buying the car with funds from the same source done in bad faith? She did not notify me that she was buying the car. She has definitely spent a great deal of that money. At what point am I able to spend any of it?
UNLESS it is a signed agreement by her, no post-nuptial agreement would be recognized by the Court
I don't see how this relates to the question. There was a precedent set over years in our marriage as to how the tax return was to be spent. I.e., living expenses for two months when I didn't get a paycheck. 67% of the money for the return accumulated while we were separated, 33% while we were together. The money was formally demanded by her attorney (obviously she agreed to that) under threat of being taken to court. I don't see how a post-nuptial agreement is relevant.
OK. Great thank you. I appreciate your patience. I realize there is risk to the following approach. But let's say I buy the house using $27K of marital assets, the rest I earned/accumulated after the separation. She has $23K of marital assets which she has already spent or maybe still has some. If this $50K was our only marital asset wouldn't it be likely that I would just have to pay her $4K and keep the house? I do understand that all assets have to be divided and that I also may have to pay some of her legal fees. I apologize if you feel you have already answered this.
Also, back to the tax return. I figured at the time that I was being bullied by the attorney. Let's assume that a judge might later decide that I should not have had to pay all of that $8K. Is it completely water under the bridge? I wouldn't be asking a judge to enforce an informal agreement but rather appealing to what is a fair dispersal of the 2009 tax return based on the length of time we were together when the funds accumulated.
OK. I think I understand now what you meant by the contract earlier. If she had agreed in writing to the $500 then I would have a leg to stand on. If I had filed my taxes separately she would have had little or no basis for seeking half of my refund. If I file my taxes separately for 2010 she has no claim to any refund and I am not obligated to file jointly. Please correct me if I'm wrong. Also, if you have any control over it, would you please avoid sending email notifications? I have allowed my wife to have access to my email account to help prove to her that I don't have a girlfriend. Sorry if that's too much information.
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