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lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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My wife and I are working on the terms of dissolving our marriage.

Resolved Question:

My wife and I are working on the terms of dissolving our marriage. When we married we lived in a house that she owned and had purchased with $25,000 down. When we sold that house we applied the equity on the next house... and then the next house. In June we sold our house for a loss of $2100. Now that we are ending the marriage she says she should be compensated for the $25,000 by me because she brought that money to the marriage. In dividing marital property do I need to give her $25,000 to make up for the $25,000 she brought to the marriage?
Submitted: 6 years ago.
Category: Legal
Expert:  lwpat replied 6 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

Legally you do not have to. Once the money was commingled with marital property it became marital property. Being realistic, if you can get out and be done by paying the 25K and you can afford to do so, then it will be worth it.
Customer: replied 6 years ago.
Please clarify.....If legally I do not have to pay her 25,000 ...why are you saying it is worth paying 25,000 that I have no obligation to pay.. Also I don't have $25,000
Customer: replied 6 years ago.
Did you get my request for clarification? If legally I don't have to pay my wife back why are you suggesting I do? Our final purchase was sold for a loss and I don't have $25,000. What am I missing?
Expert:  lwpat replied 6 years ago.
If you don't have the 25k then you can't pay it. If she will not settle then you will have to let the judge decide. She can argue that she put in the 25k, you can claim that it was a gift to the marriage and that you lost money on the last house. Then it will be up to the judge. That is all you can do.

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