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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32351
Experience:  Began practicing Family Law in 1992
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My wife (separated) and I have a prenup that states assets

Customer Question

My wife (separated) and I have a prenup that states assets in whoever's name becomes their property at time of settlement. About a year before she left she was in an affair and preparing for her departure. We spent $50K in lawyer bills to save a rental property in her name, 2 other rentals in her name, were bought out (mortgages paid off) with joint HELOC, and I paid down her credit cards to zero to up her credit score for a refinance of the marital home. Am I entitled to claim any of this back as she blindsided me and is walking away with 3 properties in her name of which I spent my own money to save?
Submitted: 5 months ago.
Category: Family Law
Expert:  JD 1992 replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You can ask for the court to award at least a portion of it back to you based upon the theory that community property assets were used to enhance or protect separate property. You may also be able to argue that your wife's actions were fraudulent and use that to support giving you back money as well.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 5 months ago.

does this include the mortgages, lawyers bills, and her credit cards?

Expert:  JD 1992 replied 4 months ago.

Sorry for the delay. I was traveling but will be online the rest of the day.

What do you mean by that last question? Are you asking if the judge can award you all or part of that back?