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DD1970 · Aug 5, 2012, 07:07 AM

Bought a home she helped with down payment December 11 we married 3/12 divorcing 8/12 We have no children together no debt together our home is 275k my salary is 145k+ she makes 45k. What will I owe her to keep the home

joypulv · Aug 5, 2012, 07:12 AM

Divorce law, except in the 9 community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), is pretty much a battle of wits and lawyers, not a set of rules.
I notice you gave us a nice bunch of numbers except for the amount she contributed to the down payment, and yours.
Save money - work out a buyout with her BEFORE you hire lawyers.
That's what I did, and neither of us ever did need a lawyer. Cost $100 to file.

DD1970 · Aug 5, 2012, 10:51 AM

My apologies it was 13k down she did halfin addition I had all new furnishings all new from spoons to lawn mower my stuff was lost in fire she had what she labels really really used stuff that was all before me does she get half of it?

JudyKayTee · Aug 5, 2012, 11:06 AM

Originally Posted by DD1970

My apologies it was 13k down she did halfin addition I had all new furnishings all new from spoons to lawn mower my stuff was lost in fire she had what she labels really really used stuff that was all before me does she get half of it?

What State? As Joy said, it varies. If you are not in a community property State it's all about the negotiations.

So that I understand this you put down approximately 4.5% of your salary (half of $13,000 = $6,500 and your salary is $145,000) and she put down approximately 14.5% of her salary (her salary is $45,000 and she put down the same $6,500).

I would not expect the value of the house to be split 50/50.

All of the furniture and furnishings were new and purchased by you? She brought nothing into the marriage (other than 14.5% of her income)?

DD1970 · Aug 5, 2012, 02:48 PM

Originally Posted by JudyKayTee

What State? As Joy said, it varies. If you are not in a community property State it's all about the negotiations.

So that I understand this you put down approximately 4.5% of your salary (half of $13,000 = $6,500 and your salary is $145,000) and she put down approximately 14.5% of her salary (her salary is $45,000 and she put down the same $6,500).

I would not expect the value of the house to be split 50/50.

All of the furniture and furnishings were new and purchased by you? She brought nothing into the marriage (other than 14.5% of her income)?

You are correct ! Her ex took everything of valueliterally

JudyKayTee · Aug 5, 2012, 02:54 PM

My other question - before I answer: Your divorce will be heard on August 12th, a day certain?

Do you have Attorneys?

What State or Country?

DD1970 · Aug 5, 2012, 02:56 PM

Originally Posted by DD1970

You are correct ! Her ex took everything of valueliterally

You are correct our state is Texas she had furniture but it was not in the best of shape we did buy her daughter a bed. But you are correct with your numbers I want to be fair as I can even to the point of helping her find new furniture/place or I find a place.she wants to work it out and make it go I do not I am done.I just want it to be fair for
I apologize for the earlier short post big fingers little keyboard

Fr_Chuck · Aug 5, 2012, 03:00 PM

Morally, you should give her back the money she paid for the down payment.

He child should always get all of her things ( not even a question that should be asked)

If furniture was picked out together as a couple, it should be split.

Legally, what you wrote the check for before it was marriage is yours, and the house is yours and it will be fought out in a expense court battle.

If you do the moral thing, the legal thing is resolved normally

JudyKayTee · Aug 5, 2012, 03:01 PM

Originally Posted by DD1970

You are correct our state is Texas she had furniture but it was not in the best of shape we did buy her daughter a bed. But you are correct with your numbers I want to be fair as I can even to the point of helping her find new furniture/place or i find a place.she wants to work it out and make it go I do not I am done.i just want it to be fair for
I apologize for the earlier short post big fingers little keyboard

- Laughing at big fingers, little keyboard. I never thought I had big fingers until I tried to text someone. I could have been blindfolded and wearing garden gloves and my posts would have made more sense.

You are in a community property State and I am not so this is very unfamiliar territory for me.

Hopefully someone else will come along -

DD1970 · Aug 5, 2012, 03:04 PM

Judy I have filed as of August we were married in March
I have an attorney. She got physical is why so short and abuse is not tolerable for me not even when they say it won't and it was just a reaction.

DD1970 · Aug 5, 2012, 03:10 PM

Definitely the kids are safe they get their things.that's the moral thing to do
After the line is crossed it is hard to look at them the same.I can forgive just not in the same house how can you love someone with the same hand you hit them with??
Again thanks to both of you ladies Joy and Judy

JudyKayTee · Aug 5, 2012, 03:11 PM

Originally Posted by DD1970

Judy I have filed as of august we were married in March
I have an attorney. She got physical is why so short and abuse is not tolerable for me not even when they say it won't and it was just a reaction.

I didn't ask about grounds. I didn't ask about why the relatively quick divorce.

I only addressed the property.

DD1970 · Aug 5, 2012, 03:12 PM

Thank you Chuck
This is not really what I wanted from my new spouse sigh

joypulv · Aug 5, 2012, 03:13 PM

Briefly, possessions and property acquired during the time you were married are considered 'community property' in Texas. You bought the house before marriage... BUT she might fight for more because of the down payment.
So the basic question is: How well are you two getting along about dividing everything? If you aren't getting along, then we might as well stop right now, because it will all depend on who has the best lawyer and is willing to pay for many hours. If you are getting along, Make Her an Offer She Can't Refuse. 30 hours of a $300/hr lawyer is $9,000, and that's just getting started in a contentious divorce. I don't think she'll get much being married only 5 months, but how about triple her 6,500 to walk away, plus moving expense, 3 month's rent somewhere, and a few grand for new furnishings? You can afford it...

DD1970 · Aug 5, 2012, 03:16 PM

Point taken Judy, "TMI"
Will not happen again

JudyKayTee · Aug 5, 2012, 03:18 PM

Originally Posted by DD1970

Point taken Judy, "TMI"
Will not happen again

In NY - and I know you are not in NY and ARE in a community property State - she would be "entitled" to the return of her investment AND half of any increased value in the residence.

DD1970 · Aug 5, 2012, 03:27 PM

25k to make it disapper. Like the logic
6500@3x 19500
3mos at 1250 3750
23500 plus a 2500 Ikea gift card definitely an option she is nice now cause she is still here she does not know I filed when she does she ain't going to be nice she is going to be pissed!

DD1970 · Aug 5, 2012, 03:31 PM

Judy thatvis what I was thinking perhaps I can compromise between giving her back her investment like joy suggested plus some relo cash I do not want her to suffer. Does that seem rational in thought.

joypulv · Aug 5, 2012, 05:14 PM

Breaking up is rarely rational.
I accepted a sudden divorce offer while in shock. I fell apart later. I never got angry.

Many spouses give new meaning to fury, wrath, tempest, and HELL. I had no idea you hadn't told her. So I think she is going to be all those words and more because she will feel mortified, embarrassed, deceived. I'm not sure now that 25K is going to cut it. If not, just remind her that a judge probably will award her less for such a short marriage. Unless you managed to spend 50K or less in 5 months.