Unequal Division.....What Does It REALLY Mean? (and how do I PROVE it?)

[Barry Allen]

Hi again all,

I have been very happy indeed to understand that a request for "unequal division" may save me paying out 50% of the value of my matrimonial home!!! Thank you Jeff and Lindsey for giving me a glimmer of hope!!!

My next question is this: How do I prove she is not entitled? She has painted and planted....washed and scrubbed....but not contributed to the cost of improvements (paint, flooring, fencing....etc). As she has a lot of personal debt, most of her wages were going to cover those costs. She did give me monthly money ($300) as a contribution toward the cost of bills, but this was it.

I would be lying if I said she made NO contribution, but they were all in man (person) hours, but not one dime of her money was spent on the home.

To back up a little....I had a large house paid for prior to when we married. We lived in it for about 10 months. We then purchased another home, much more modest that cost about half the amount.

Is she entitled to any of the FIRST house's value? We were married and she did live in it although I owned it outright before she came to live there. The second house does have her name on the deed........

I know that I should have had a prenup....

HELP!!

[Barry Allen]

Hey all.....

Any ideas on what to do or say here? I really need the help!!

[GrantStephen]

From my understanding, you should be able to claim what you brought into the marriage and take that off the top...where it would get sticky, is how long you were married, and her being entitled to half the matrimonial home (perhaps..)...maybe half of the second house worst case.

My lawyer told me to just give my ex a blank check when we started the separation process. I thought he was nuts, since I had accrued alot before we were married, however, after all was said and done, he was right...it probably would have been cheaper for me to cut a check for more that I thought she would be entitled to, in the beginning. We are 6 years into the process, and still not divorced yet...and so far, total costs attributed to the pending divorce, on both sides, have cost in excess of $100,000, which also includes the commissions on 2 house sales that were imminent, due to the separation.

Hope everything works out for you.
G