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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27268
Experience:  Attorney with experience in family law.
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I live in the state of NC. Ive not lived with my wife in 4

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I live in the state of NC. I've not lived with my wife in 4 years. I contacted her about a divorce. She is stating that when we got back together (5 years ago), I only did to get money from her. This is her opinion only. She is stating that she will incompass that money into the Divorce degree so that I'd have to pay her the money. Can she do this after all this time?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

There may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon I can.

Can you explain your situation a little more? It sounds like you're saying that your wife paid you to re-marry her. Is that what happened? Or is she talking about a more general, "You married me because of my money" argument?
Customer: replied 4 years ago.

We were married and then separated. Then after some time we went back together for a couple of months to try and work things out. She is now stating that I came back home when I found out she had money in her savings. During that time we were back together that money was spent and now she says I owe her that money. The savings acct was totally in her name. I never made a withdrawal. There was nothing said about that during our time together.

Thank you for clarifying. It changes the analysis a bit.

Any money that she had before the marriage is her separate property. However, if she withdrew the funds and used them to buy things for the marriage, she essentially made a gift to you every time she did that. When a spouse uses his separate property to pay for marital expenses, he doesn't get reimbursement at the time of divorce, unless there was a written prenuptial agreement. It just doesn't work that way. The judge won't go through several years of marriage to figure out who paid for the groceries on which day and divide it all out - he just won't. The judge doesn't want to, and most people don't want that level of government intrusion into their live. Your wife has no legal basis for asking you to repay those funds. They're considered a gift to the marriage.

Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.
Customer: replied 4 years ago.

does she have grounds to sue me for the funds? Is there any statue of limitations?

She can't sue you, unless there was an agreement that the money was a loan, and you were going to repay it. The statute of limitations for breach of a contract is four years from the date of the breach - so, it would be either four years from the last date she gave you money, or the last time you made a payment to her. But, there's no cause of action for failing to repay a gift, because gifts don't need to be repaid.
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