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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 03-15-2010, 04:49 PM
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I think the letter of the law would state the she co-mingled this money in with yours in an account was not even in her name jointly and that it therefore lost it's special status as an excluded property. The fact that profits were withdrawn and spent by you (both?) would seem to further muddy the waters in your favour.

You know the rule about maintaining it's separate status since you quoted it. You also no doubt are reading b/w the lines of the posters who quite clearly think you are screwing her but haven't (yet) come right out and said it.

You're problem is going to be that she will be able to argue with it and turn it into a litigation issue. The law may be on your side, I'm not sure but I think so, but morally you could be in for a fight worth having in her eyes, and we all know who's going to win that fight ------> L A W Y E R S ! ! ! !

Make a reasonable offer to her to avoid having you both cut off your noses to spite your faces.

Last edited by dadtotheend; 03-15-2010 at 04:51 PM.
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Old 03-15-2010, 05:05 PM
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Quote:
Originally Posted by candlestick View Post
That's funny. We spent a load of it. 10k was purely profit.
Wow you both spent 50,000 dollars in a very short period of time, over and above your salaries. Hopefully you have something to see for the money.

Does your wife know that the money is now 34, 000? Obviously you can give her back what is no longer there and I believe that the finances were put together and it would now be split 50/50. I suspect you'll spent at least 30 grand on your legal fees to come up with a divorce agreement between the two of you.

Consider it money well wasted!
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Old 03-15-2010, 05:25 PM
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Quote:
Originally Posted by dadtotheend View Post
I think the letter of the law would state the she co-mingled this money in with yours in an account was not even in her name jointly and that it therefore lost it's special status as an excluded property. The fact that profits were withdrawn and spent by you (both?) would seem to further muddy the waters in your favour.

You know the rule about maintaining it's separate status since you quoted it. You also no doubt are reading b/w the lines of the posters who quite clearly think you are screwing her but haven't (yet) come right out and said it.

You're problem is going to be that she will be able to argue with it and turn it into a litigation issue. The law may be on your side, I'm not sure but I think so, but morally you could be in for a fight worth having in her eyes, and we all know who's going to win that fight ------> L A W Y E R S ! ! ! !

Make a reasonable offer to her to avoid having you both cut off your noses to spite your faces.
What he said.
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Old 03-15-2010, 11:17 PM
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The law is clear. The funds have been co-mingled. They will now be split.
No brainer.
Only an idiot would compromise on this.
Represent yourself on this issue if you think the lawyers will cost too much.

FN

Last edited by FreeNow; 03-15-2010 at 11:27 PM.
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Old 03-15-2010, 11:54 PM
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Where/what law states that once funds are "co-mingled", they are no longer considered separate?
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Old 03-16-2010, 04:05 AM
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Quote:
Originally Posted by FreeNow View Post
The law is clear. The funds have been co-mingled...
Only an idiot would compromise on this.
I think you're right that the law is clear that they have been co-mingled.

But only an idiot would fail to recognize that his spouse has a right (fueled by morality, rightly or wrongly) to drag out the argument and cause both of them to incur hefty legal bills that could piss away the remaining $34K quickly, and leave them both with nothing to argue about except their own stupidity for failing to compromise.

I've seen this happen before. The law is clear but unreasonable or naive litigants feed straight into the lawyer's bank accounts. And the lawyers will see them coming and squeeze them with their little con game, especially if the wife can either get those funds frozen by the court while they pile up the billable hours and/or she has other funds to finance the lawyer's "crusade" for her.

Last edited by dadtotheend; 03-16-2010 at 04:19 AM.
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Old 03-16-2010, 06:50 AM
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Quote:
Originally Posted by FreeNow View Post
The law is clear. The funds have been co-mingled. They will now be split.
No brainer.
Only an idiot would compromise on this.
Represent yourself on this issue if you think the lawyers will cost too much.

FN
I guess i am an idiot because I would compromise on it. Or maybe I just have a few more morals and personal ethics.
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Old 03-16-2010, 09:00 AM
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Idiot here too then.

She obviously shared the inheritance with him willingly and now he is looking to take half of the rest. Talk about being ungrateful. Yeah, the law may lean towards the sharing, but what kind of jerk is going to take it all the way to court and throw it all away on lawyers???

I'm so sure he would be willing to offer her half if it had been his inheritance
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