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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Reside in Minnesota, Olmsted cty. Have beed married 8 years.

Resolved Question:

Reside in Minnesota, Olmsted cty. Have beed married 8 years. Months before wedding my husband had a home built in his name. We moved in together as soon as house was finished in the spring of 2002 and we were married fall of 2002. I think he paid $3500 down payment with first home owners loan. How do find out actual down payment? Our incomes are both pretty equal. My husband makes more house payments than I do. My contribution is more in the line of groceries, decorating, furniture, linens, towels, dishes, etc. I have been informed I will be served divorce papers this week, My husband and I both live in the house together. Is the house marital property. He has told me the house is his and I need an apartment quickly.
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your post.

I believe I have just assisted you. Is there something specific I did not address?
Customer: replied 7 years ago.
I must have deleted answer. Please accept apology and resend.
Expert:  Dimitry K., Esq. replied 7 years ago.
Not a problem--here is a link to your other post--you should be able to re-open the question and see my response:

http://www.justanswer.com/questions/3tqlf-aug-10-2010-will-be-our-8th-wedding-anniversary-husband
Customer: replied 7 years ago.
I'll try, thanks
Expert:  Dimitry K., Esq. replied 7 years ago.
Great!

Please let me know if you can see it. If not, I will re-post my answer into this post for you.
Customer: replied 7 years ago.

Please repost your responce into this site. Thank you

Expert:  Dimitry K., Esq. replied 7 years ago.
Here you go:


Deb,

Thank you for your question.

If the home was contracted to and purchased before the wedding, it is deemed sole and personal property of the husband, and is not a marital asset. Since it was his home, unless your husband chooses to share the down payment information, you are not privy to it.

At the same time, even if you are not on the title of the home, you do have a financial stake in the property. Please permit me to explain.

In 2001 your soon to be husband contracts for the home for say $200,000. When you move in and close, he puts down the deposit but the home value is $250,000. Now, the home is worth $350,000. That $100,000 difference from when you closed to today is called a "marital growth". You can request that an equitable share (up to half) is yours in case of a divorce. Therefore it is in your best interest to find out the value of the home when you closed and the value of it today--that difference becomes marital and something that you are entitled to, at least in part.

Hope that helps.





Sincerely, XXXXX Esq.


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