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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 01-13-2011, 11:21 PM
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Default Matrimonial Home question again....

I am so confused with conflicting answers to my question so I'm trying again to see if I could get clarification. Here's my situation:

My husband had a house before we were married (House A). I moved into House A for a year, we go married, and then continued to live there for another year.
We sold house A and bought house B. House B's down payment was the money from house A. House B is in both our names, House A was only in my husbands name.
We've been living in house B for 6 1/2 years.

We are now separated and in the final stretch of our settlement.

My soon to be exhusband has informed me that he has the right to claim house A since he owned this house before our marriage on his financial statement as an asset he had pre marriage.

Here's the conflict:
Everything I read on line and from other posts tells me that he cannot claim house A because this was the matrimonial home. The day we got married House A became the matrimonial home and became 50/50.
However, his lawyer is telling him that he can because you can only have 1 matrimonial home and house B was the matrimonial home at the time of separation.

I am SO confused. Logically I don't know how it would be possible for house A to be claimed. Especially knowing that I lived thier for 2 years paying the mortgage as well. If this was the case then what the hell is the matrimonial house exception's purpose???

Does anyone....ANYONE know what is the source of truth here?
If you do, do you have anywhere you can direct me so I can prove he can't claim house A.

Any help would be appreciated.

Thanks!

Last edited by rcooper; 01-13-2011 at 11:25 PM. Reason: miscommunicated a section
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Old 01-13-2011, 11:33 PM
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Third thread same question.
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Old 01-13-2011, 11:34 PM
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How much did your ex put down before you moved in to house A? I don't know if you are going to find a straight cut answer on this one but I could be wrong.
Can you just subtract the amount he put into house A before marriage from the appraised value of house B before doing the split?
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Old 01-13-2011, 11:37 PM
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It is straight.

Her lawyer is telling her something different than everyone else.

She needs those views reconciled.
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Old 01-13-2011, 11:40 PM
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Quote:
Originally Posted by dadtotheend View Post
Third thread same question.
Yes I know, but, I thought I would present a clearer picture because I still don't know my answer which is legally doesn't he have the right to claim House A as an asset.
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Old 01-14-2011, 12:00 AM
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He can claim his ass as an asset. lol. Just because he feels he is right and no one seems to know the real answer then contest it.

Have you done the math if you calculate what he says against what you feel is right? Is it a big difference? Have you started the process in court? Is it worth fighting over?

Last edited by tugofwar; 01-14-2011 at 12:03 AM.
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Old 01-14-2011, 12:03 AM
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Quote:
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He can claim his ass as an asset.
Who's going to value it?
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Old 01-14-2011, 12:06 AM
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the throne he sits on....lol
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Old 01-14-2011, 12:08 AM
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Let's say he had a pile of money (instead of house a) coming into the marriage. And while you were married he used this to purchase your matrimonial home (house b). I believe that the fact that he used that asset (pile of money, or house, doesn't matter) to purchase the matrimonial home means that the asset is now part of the mat. home equity to be split 50-50.

If you had separated while living in house A, then house A's equity would be split 50-50. But in your case, house A's equity was 'converted' into house B's equity - again split 50-50.

The same occurs if he had an inheritance - if kept separate and not used to purchase shared marital property, the inheritance remains fully his. But if you use an inheritance to purchase the mat home ... pfft there goes 50% of it.

Last edited by dinkyface; 01-14-2011 at 12:15 AM.
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Old 01-14-2011, 12:08 AM
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Quote:
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Who's going to value it?
An asscountant? Isn't that up your alley? LOL
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