Distribution of marital/separate property

[Anonymous]

There have already been discussions with the lawyer about this scenario, but even they said it really depends on the judge and how they decide to rule, so I was wondering if anyone would be willing to share their outcome? This is in DC.

The current home was purchased during the marriage with the proceeds from the sale of a home purchased prior to marriage by Spouse 1. The mortgage and title were only in Spouse 1's name, and all payments were made from Spouse 1's personal banking account. Where it gets tricky is that Spouse 2 did occasionally transfer money into Spouse 1's banking account, although it was not a significant amount of money. Spouse 2 also had their own separate banking account during the marriage, and no joint accounts existed.

Any chance of the house being ruled as Spouse 1's separate property? If it's ruled marital, what could be a likely "equitable distribution" of the house?

[Anonymous]

Any kids involved ? I was advised it would be 50/50 for marital home (minus what was invested by the spouse from prior home).

[Anonymous]

Anonymous wrote:Any kids involved ? I was advised it would be 50/50 for marital home (minus what was invested by the spouse from prior home).

Yes, there are kids. Both parties agree it's best to not sell the house so that the kids can remain in the home.

[Anonymous]

Selling premarital home to help fund marital home = rookie mistake.

[Anonymous]

Anonymous wrote:Selling premarital home to help fund marital home = rookie mistake.

OP here: the rookie mistake was getting married in the first place. sigh.

[Anonymous]

You definitely commingled the assets, and equitable would be 50/50 split of the equity.

I pretty much did the same thing (bought marital home with proceeds from premarital home) and I told my lawyer that maybe I should get that money back before we split the remaining equity, but he said no, don't bother, you'd use up most of that money if you had a court fight over it anyway.

[Anonymous]

This is concerning since the attorney advised 50/50 split in my scenario is unlikely.

[Anonymous]

You might be entitled to any equity in the house.

[Anonymous]

Anonymous wrote:There have already been discussions with the lawyer about this scenario, but even they said it really depends on the judge and how they decide to rule, so I was wondering if anyone would be willing to share their outcome? This is in DC.

The current home was purchased during the marriage with the proceeds from the sale of a home purchased prior to marriage by Spouse 1. The mortgage and title were only in Spouse 1's name, and all payments were made from Spouse 1's personal banking account. Where it gets tricky is that Spouse 2 did occasionally transfer money into Spouse 1's banking account, although it was not a significant amount of money. Spouse 2 also had their own separate banking account during the marriage, and no joint accounts existed.

Any chance of the house being ruled as Spouse 1's separate property? If it's ruled marital, what could be a likely "equitable distribution" of the house?

How long have you been married? Is their name on the deed?

[Anonymous]

Anonymous wrote:

Anonymous wrote:There have already been discussions with the lawyer about this scenario, but even they said it really depends on the judge and how they decide to rule, so I was wondering if anyone would be willing to share their outcome? This is in DC.

The current home was purchased during the marriage with the proceeds from the sale of a home purchased prior to marriage by Spouse 1. The mortgage and title were only in Spouse 1's name, and all payments were made from Spouse 1's personal banking account. Where it gets tricky is that Spouse 2 did occasionally transfer money into Spouse 1's banking account, although it was not a significant amount of money. Spouse 2 also had their own separate banking account during the marriage, and no joint accounts existed.

Any chance of the house being ruled as Spouse 1's separate property? If it's ruled marital, what could be a likely "equitable distribution" of the house?

How long have you been married? Is their name on the deed?

6 years and no.

[Anonymous]

Anonymous wrote:This is concerning since the attorney advised 50/50 split in my scenario is unlikely.

They are right. Equity will end up being handled as (equity - Spouse 1s downpayment)/2. In DC it doesn’t matter that Spouse 1 made the mortgage payments as they were married. The advantage that Spouse 1 has is they will get their downpayment back.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This is concerning since the attorney advised 50/50 split in my scenario is unlikely.

They are right. Equity will end up being handled as (equity - Spouse 1s downpayment)/2. In DC it doesn’t matter that Spouse 1 made the mortgage payments as they were married. The advantage that Spouse 1 has is they will get their downpayment back.

Equitable distribution doesn’t mean 50/50 though…

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is concerning since the attorney advised 50/50 split in my scenario is unlikely.

They are right. Equity will end up being handled as (equity - Spouse 1s downpayment)/2. In DC it doesn’t matter that Spouse 1 made the mortgage payments as they were married. The advantage that Spouse 1 has is they will get their downpayment back.

Equitable distribution doesn’t mean 50/50 though…

In practice it takes to prove a serious financial malice by a spouse to take the “default” 50% away .

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is concerning since the attorney advised 50/50 split in my scenario is unlikely.

They are right. Equity will end up being handled as (equity - Spouse 1s downpayment)/2. In DC it doesn’t matter that Spouse 1 made the mortgage payments as they were married. The advantage that Spouse 1 has is they will get their downpayment back.

Equitable distribution doesn’t mean 50/50 though…

In practice it takes to prove a serious financial malice by a spouse to take the “default” 50% away .

Now I’m curious as to what would constitute a serious financial malice, because that is a possibility…

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is concerning since the attorney advised 50/50 split in my scenario is unlikely.

They are right. Equity will end up being handled as (equity - Spouse 1s downpayment)/2. In DC it doesn’t matter that Spouse 1 made the mortgage payments as they were married. The advantage that Spouse 1 has is they will get their downpayment back.

Equitable distribution doesn’t mean 50/50 though…

In practice it takes to prove a serious financial malice by a spouse to take the “default” 50% away .

Now I’m curious as to what would constitute a serious financial malice, because that is a possibility…

Hiding assets during marriage (if found during discovery); spending money on a mistress (renting an apartment secretly from spouse) etc.