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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117359
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My wife of less than 3yrs. decided she wanted out of our marriage.

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My wife of less than 3yrs. decided she wanted out of our marriage. I filed for divorce in the county I have lived in for past 6yrs..(Jennings, Indiana).
My question is: I purchased my home thru VA loan April 2010 with no plans to ever marry again. Well, I did and after she sold her condo she HAD TO PUT $20,000 down on mortgage to get her name on this mortgage which we refinanced Jan. 2012. Her name was recorded on title with our county recorder around Nov. 2010. I have made all the mortgages payments plus closing costs for the refinance Jan. 2012. She also HAD TO REPLACED ALL APPLIANCES, ADD AN EXTENDED COUNTERTOP W/NEW DISHWASHER.
Her atty. is demanding my wife be able to recoup Approx. $30,000 she put into our home which I do not denied. But, I can and already have a list of what I brought to our marriage, approx. $56,000. Because home was purchased prior to marriage is it still consider martial property?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The home itself was turned into marital property, even though you bought it before marriage, when you agreed to put her name on the title in exchange for her contributions. Unfortunately, now that it is converted to marital property she is entitled to her share I am sorry to say.

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Customer: replied 3 years ago.

Then, does that also mean she is responsible of 1/2 of our mortgage debt?

Thank you for your response.

Yes, you can seek to make her liable since her name is XXXXX XXXXX mortgage. However, this also means she could get the court to force a sale of the house or force you to buy her out of the house. However, the house and the mortgage are marital items as you placed her name on them.
Customer: replied 3 years ago.

Please explain she forcing me to buy her out. I will give you only facts.

Orignal appraisel April was $86,000. Latest about six wks ago was $77,000. Present mortgage is $65,000. I am also contending the equity we have($12,000) should all be mine because I gave all my furniture away to make room for hers. I am saying it will take at least $6,000 to bring my home back.

Thank you for your response and follow up.

You have all of this mixed up. Once you put her name on it, the equity became marital and she is entitled to a share. If you have $65K in mortgage and $12K in equity, you should be arguing that the mortgage is marital debt and the equity is marital as well. Thus, you should be entitled to buy her out of the marital interest for her share of the equity and you will assume the liability for the loan.

As far as dividing appliances etc, that is separate from the interest in the home. I do not see though how she would claim $30K interest in the home since it is no longer her investing in your separate property, it was converted to marital property once she put her name on the loan and deed and as such she would be liable for any gains as well as losses in value of the marital property.
Customer: replied 3 years ago.

Paul, Besides $65,000 owe on mortgage we have both names on 2013crv Honda that took place Jan. 2013, 3yr. lease $300 ea month and I have made eight payments. My wife put $5,000down to get payments lower. This was her car. Wife told me within days this was a loan and she wanted it back asap. I then sold my 97Honda for $2500 and gave my wife an IRA for $2100.(Still short $400). Still owe Honda $9,000 for balance of lease but then I will not have a car unless I go into debt. Will the Honda debt be bal of lease or buyout which is $25,000. also have both names on home equity loan bal of $3000.

Thank you for your response.

The car would be given to one of the two of you, that is how marital property division works. If you cannot decide and agree, the court will agree. The Honda debt would generally go to the party who gets the car. The home equity loan would be a marital debt that can be divided.

You are talking about now division of each individual marital asset/debt here and all of them will be divided either by you and the spouse coming to some agreement or by the court on an equitable basis.
Customer: replied 3 years ago.

Last question. I have been on full disability since june 1, 1993 after in mfg. for 32yrs. and 26yrs in In. National Guard. I just turned 74 2wks. ago. and to add to my problems the dr. discovered I have Neuropathy from knees all way down including ft..City is doing a major improvement to st. I live on. Mayor, engineer, and council all have been on board to change plans before I would sign off. They will be adding rails all around to assist my walking(steps and patio.

I cannot go back to work to assist my wife when she becomes my ex. Do you believe that the judge will take all of this into account?

Thank you for your response.

You would not be expected to go back to work for anything by the court at your age and based on your disability. Any type of support awarded by the court is based on the ability to pay, so in order for the court to make you pay any type of support to her they have to find you have the ability to pay and you really do not based on what you stated above.
Customer: replied 3 years ago.

You do not know how this conversation with you has given me some peace and confidence. I truly appreciate your coming on board today for me.


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