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!
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!
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