Divorce question

[rookie101]

So I'm in the middle of a divorce and need some advice on paperwork. I had my own house when the wife and I met that she lived in as my wife for about six months before we sold and bought a new place. I put all the money from the sale of my first house down on the new one and she put in nothing.

Fast forward to the divorce and I'm told I should be able to get most of that money back and her lawyer seems to agree but she says she wants specific paperwork to show where the down payment on the current house came from. Problem is she won't tell me what I need other than some slip about legacy money or something.

Anyone have any ideas what I need or how to go about finding out?

[InRich]

shit like this makes me never wanna get married. ever.

[gqboy322]

Talk to your lawyer!!

[JRSC00LUDE]

Yeah, get a lawyer.

[ExtraSlow]

Her lawyer isn't helping you prove you don't have to give her more assets? Weird. It's almost like her lawyer is working for her best interests because "her" is paying the lawyer.

I'll bet if you paid your own lawyer, they'd have some interest in helping you.

[rookie101]

Just to clarify I do have my own lawyer but they and confused as well as to what they want. Her and her lawyer seem dead set against communication.
Was just wonder if anyone had firsthand experience with the issue.

[max_boost]

Originally posted by rookie101
So I'm in the middle of a divorce and need some advice on paperwork. I had my own house when the wife and I met that she lived in as my wife for about six months before we sold and bought a new place. I put all the money from the sale of my first house down on the new one and she put in nothing.

Fast forward to the divorce and I'm told I should be able to get most of that money back and her lawyer seems to agree but she says she wants specific paperwork to show where the down payment on the current house came from. Problem is she won't tell me what I need other than some slip about legacy money or something.

Anyone have any ideas what I need or how to go about finding out?

Why does it matter where the down payment came from?

The only thing that really matters is how much did the new house go up in value and your overall net worth after you got married. If it ain't much, don't sweat it and let the lawyers figure sort it out. Unless you sometime during marriage you inherited a large sum of money, then well, I think you gotta give her half, bro.

[ExtraSlow]

If you want to say where the downpayment came from. you write a letter stating it's origin (savings,, annual bonus, gift from parents, etc) and have it notarized. Should work fine.

I had to do something like that for the purchase of my first house, because my downpayment came into my bank account only a few weeks before the house was purchased, and the bank wanted to know for sure that it wasn't a loan from a family member.

[jabjab]

I had thought any inheritance can't be touched by your wife. That is what my old lawyer told. Good luck to op, women become savages when it comes to divorce.

[killramos]

Originally posted by jabjab
Good luck to op, women become savages when it comes to changing their lifestyle to reflect a lower level of impending income.

Ftfy

[bjstare]

Originally posted by killramos


Ftfy

Although, to be fair, jabjab is also correct.

[mikestypes]

You should have documents from the sale of your original home that detail the proceeds of the disposition. It would detail sale price, payment of mortgage to bank and remaining balance which would be what you put as a downpayment on the new place.

This shouldn't be hard...

[Jlude]

Why are you listening to her lawyer? WTF!!!

Never, EVER, put yourself in a position of weakness. You can only control your own actions, so never give them any leverage.

My gf had writers cramp after all the shit she had to sign, every single thing has been covered, from the dog to things I've purchased for her, etc. I don't think she would ever screw me over, but I don't take the chance of being wrong, no one should take that chance.

[revelations]

For anyone else reading this - if there are issues that are in a disagreement - the first place to jump in a divorce shouldn't be to a lawyers office, but rather a professional mediator. Far less cost in the long run. Lawyers will just take all your money that you may have come out with.

In the end, in this case, the only winners are lawyers, charging 200/hr for copying and faxing documents. Every little change to the agreement results in a fee.

[msommers]

Reading threads like this makes my stomach turn.

Although isn't common law pretty much the same as being married? I have no idea how the law views who gets what during divorce but the guy seems to always get majorly shafted.

[Xtrema]

Originally posted by revelations
For anyone else reading this - if there are issues that are in a disagreement - the first place to jump in a divorce shouldn't be to a lawyers office, but rather a professional mediator. Far less cost in the long run. Lawyers will just take all your money that you may have come out with.

In the end, in this case, the only winners are lawyers, charging 200/hr for copying and faxing documents. Every little change to the agreement results in a fee.

Yup. Lawyers are there to start shit and draw it out for more $. The more conflict the better.

[suntan]

Just think, you'll be paying for her bikini waxes so some other guy can hit it.

[bjstare]

Originally posted by msommers
Reading threads like this makes my stomach turn.

Although isn't common law pretty much the same as being married? I have no idea how the law views who gets what during divorce but the guy seems to always get majorly shafted.

Yes, during a breakup, separation agreement doesn't typically vary too much between married couples or common law couples.

And it's got nothing to do with "the guy" getting shafted, rather the person who has contributed the most financially is the one who will get shafted (assuming no kids are in the equation, that's a whole other game).

[HiTempguy1]

Originally posted by cjblair


And it's got nothing to do with "the guy" getting shafted, rather the person who has contributed the most financially is the one who will get shafted (assuming no kids are in the equation, that's a whole other game).

You have proof of any guy that gets alimony? It's like one of those "theoretical" possibilities that I've never heard actually occurs.

[nonofyobiz]

Originally posted by cjblair


Yes, during a breakup, separation agreement doesn't typically vary too much between married couples or common law couples.

I don't think this is a 100% true. I've read things to the contrary as i'm going through a situation myself, and if I had any ability to retain information i'd certainly type it out. =(