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I am getting divorced after a one year marriage and I am…

I am getting divorced after...
I am getting divorced after a one year marriage and I am working on tracing financials for ADR. After we got married I added my husbands name as a joint owner to all of my accounts. Then my husband did direct deposit in to one of them and the rest also have comingled non-martial and marital funds from transfers and my paychecks. During the marriage, I have consistently spent well over the monthly marital income from expenses and shopping. How does the court view this spending? Does one get spent before the other (marital vs. non)? Will it help to inventory all my spending (credit card debt) during our one year of marriage? Please note, I always pay my credit cards off in full...
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Answered in 30 minutes by:
6/9/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,243
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

All money in joint accounts is shared equally by the spouses. It's all considered marital property. Any money in an account before a spouse is added is considered to have been given to the other spouse as a gift. That's the nature of shared accounts.

There is no need to inventory your spending unless you're asking for alimony - which is not likely to be granted in a marriage of only one year - or unless he is asking the judge to find that you should get less than half the money in the account because you wasted marital funds on non-necessities. Outside those scenarios, you're each entitled to half the money in each account without regard for who contributed or spent what.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 8 months ago
Both my husband and I sold pre-marital homes, which we made payments on for 6 months during the marriage. He made $118759.89 on his in ND (where I did not have to sign off on it) and I made $71642.42 (since in MN, he signed off on sale). Will these be split 50/50 or will just the mortgage principals be traced?
Customer reply replied 8 months ago
both of us had put significant money down when we purchased our homes prior to the marriage

If you both deposited the proceeds into joint bank accounts, it all gets split.

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Separate property gets traced as long as it's kept separate. But once you put it together, the law treats it as if you're giving the spouse a gift of half the money.

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Do you have any other questions about this?

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,243
Experience: Attorney with experience in family law.
Verified
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,243
31,243 Satisfied Customers
Experience: Attorney with experience in family law.

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