Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

This question is for., I was talking to my dad tonight and…

This question is for Doug.Hi...
This question is for Doug.Hi Doug,I was talking to my dad tonight and he reminded me that my dad, my mother and I signed a Purchase and Sales Agreement PRIOR to my wife and I getting married. In the agreement, it was stated that my mother and father were each giving me (my wife was not included in the agreement) a $14k gift of equity. Do you think that would carry any weight in court if I wanted to get the full $28k back and split the remainder of either the profit from the sale or the remainder of the equity should she but me out and refinance in her own name? Or do you think that because we did the closing after we married that it doesn't matter?In case you don't remember, I'm the guy who had all the questions about if it was possible that my wife could be awarded the condo and not have to buy me out. Just started a new thread so I could get you another bonus.Thanks again Doug.Mike
Show More
Show Less
Ask Your Own Family Law Question
Answered in 22 minutes by:
8/15/2017
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified

Good evening,

Of course, I remember you. I'm glad to help. If part of the equity in the home was given to you, either as a personal gift after marriage, or before, that portion of the equity remains your personal property and will be yours in the divorce. So yes, the $28,000 will remain yours even through the divorce!

The down payment you made before marriage (even if it was a gift to you from your folks), the increase in equity attributable to that down payment and all mortgage principal payments before marriage would be your personal property.

All equity increases attributable to the paying down of the principal via the mortgage payments, any increase in equity referable to improvements made during the marriage and all growth in equity attributable to those payments/improvements would be considered marital property and dividable between the two of you on divorce.

A rough estimate might go like this. If you bought the house for $200,000 and put$20,000 down and the house is now worth $300,000----out of the equity you would get the $20,000, plus about $10,000 for the 50% increase in home value. That would leave $70,000 in increase that would be marital and of that you would get roughly half---or another $35,000---giving you $65,000 of the $100,000 equity in a divorce.

You may reply to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
LawTalk and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 10 months ago
That's great news! Thanks again for all your help!
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
37,876 Satisfied Customers
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

37,876 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I got a divorce 6 yrs ago in Merced after 32yrs of marriage.
I got a divorce 6 yrs ago in Merced after 32yrs of marriage. I was awarded spousal support but we settled out of court. For these last 6 yrs he has not complied to the amount set in the order. Instead… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,124 satisfied customers
If the marriage license was not filed after the ceremony, is
If the marriage license was not filed after the ceremony, is the couple legally married in St. Louis county? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,905 satisfied customers
My mother and i bought a house on 11/1/2013, and my mother
my mother and i bought a house on 11/1/2013, and my mother own 99%, i own 1%, after i got married on 6/17/2014, my husband and i live in my mother's house, and he paid rent each month to my mother, if… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
I have a child from a previous marriage and got divorced
i have a child from a previous marriage and got divorced years ago..i have a daughter with disabilities she is autisum..my ex is receiving SSI benefits..for years ive been giving child support of cour… read more
fiftyshadesoflaw
fiftyshadesoflaw
Juris Doctor
85 satisfied customers
23 years of marriage is alimony required. I have the
23 years of marriage is alimony required. I have the potential tomake more Husband is on SS x 6 + years. He no longer wants to be married. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,220 satisfied customers
I want to file for divorce after 3 yrs of marriage because
I want to file for divorce after 3 yrs of marriage because of domestic abuse. I'm currently trying to convince my husband to go the mediation route. I haven't filed for divorce yet, but I have been li… read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 satisfied customers
Divorce issued in Missouri but mother and child moved to
Divorce issued in Missouri but mother and child moved to Florida 17 years ago. Still paying $300 child support and child entering college with provision for me to pay half. Over $1000/mo for child sup… read more
LegalGems
LegalGems
Juris Doctorate
12,293 satisfied customers
After a 9 year marriage that is in the process of Divorce in
After a 9 year marriage that is in the process of Divorce in the state of Missouri, I have a few questions. There is no pre-nup and no dependents. 1. Are assets accumulated personally prior to marriag… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
I was divorced in 2002 after ten years of marriage, got full
Hello, I was divorced in 2002 after ten years of marriage, got full custody of our two boys. He was ordered to pay $648/month bc we had to imoute income and he hadn't worked in the past year so it was… read more
Sean K
Sean K
Attorney/Member
JD
776 satisfied customers
Is it better for woman not to marry? Second marriage for
Is it better for woman not to marry? Second marriage for both. Man 64 retired early with disability and teamsters pension - own the home Woman 57 currently unemployed - moved into new home with man - … read more
Sue
Sue
Juris Doctorate
527 satisfied customers
Its about marriage certificate. It says "Marriage license
Its about marriage certificate. It says "Marriage license Jerry ****** and Ivana ******" but it also says "Return license to Mr & Mrs Jerry ******." So is my legal name ****** or ******? I am Ivana.it… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I don't believe in divorce and I want my marriage of 43
I don't believe in divorce and I want my marriage of 43 years 10 pregnancies (6 living) and 14 grand children but i just got Divorce papers in the mail today. I morally cannot sign them. What happens … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,220 satisfied customers
Is there a mutually agreeable method of ending a marriage,
Is there a mutually agreeable method of ending a marriage, to where a documentation of all assets and such is unnecessary? Such is just quite a bit of work, and time, where a couple would simply want … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,220 satisfied customers
My question is about my marriage I need to divorce. N Not
Hi my question is about my marriage I need to divorce … read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 satisfied customers
I've been recently divorce in a same sex marriage.. my child
I've been recently divorce in a same sex marriage.. my child currently lives with the other parent full time.. what are my right and chance of reversing the custody situation … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,340 satisfied customers
I have a question regarding divorce. My marriage is slowly
Hello , I have a question regarding divorce. My marriage is slowly ending and will most probably end with divorce. We have to children and they are most important for me. The problem is that my wife w… read more
LegalGems
LegalGems
Juris Doctorate
12,293 satisfied customers
I'm in a same sex marriage going through a divorce, can i
I'm in a same sex marriage going through a divorce, can i have the same sex partner removed from my child's birth certificate? … read more
Sean K
Sean K
Attorney/Member
JD
776 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,222 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x