Have any of you sold a house that was purchased AFTER the divorce?
My question is, have any of you had a house that was not part of the divorce settlement. Either you or you and your dh purchased it once together, and go to sell it? Can the bm try for any of the proceeds?
The reason I ask, is the bm is very curious about what we are asking for our house. She knows that we are selling it. Its mine. I purchased it prior to marrying my dh, and I am the one selling it.
Anyone?
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If it's yours and you
If it's yours and you purchased it, then it's hands off from her anyhow. Well, I guess that depends on the state, this state, spouses income and assests are not able to be touched. Hopefully you are in the clear, but you may want to consult a lawyer?
She can't touch it...at
She can't touch it...at least not in my state anyway. Once you get divorced, anything you purchase after that belongs strictly to you and your new spouse.
"Venting without the desire to look within and improve your situation is simply venting to hear yourself bitch."
..."I'm not mean, you're just a sissy."
"If they sold clues at Walmart,I'd be first in line to get one for DH" ~the lovely Jbee~
I dont think in MA that a
I dont think in MA that a spouses' income counts.
Normally, I'd say don't
Normally, I'd say don't worry about it, when a divorce "financial" settlement is final, it is final and the only thing that can change is CS, but MA is the worst state in the country. It is so BM friendly, I would move there to get a divorce from dh (lol).
"A pessimist complains about the wind, an optimist counts on the wind changing, a realist adjusts his sails"
well if you roll the
well if you roll the proceeds into a new house...it is hardly income now is it? lol.
but it is yours...so no.
Ok.. so I just called a
Ok.. so I just called a lawyer, he said that because we have been married just under 5 yrs, that my dh has no claim to the house, which means that she has no claims to it as well. That when I get my check from the sale, to deposit it into an acct that he is NOT on, so that his ssn isnt associated w/the big deposit.
He also said, she can probaly try to claim that his circumstances have changed as a result of the sale of the home or such, but that it would be a stretch, and her only safe bet would be to look at his income, rather than a change in expenses.
He asked if she had a lawyer, I said, why yes, she is married to a family law one.. he chuckled.. he said, if they were to proceeded, but that the lawyer "husband" would know that a house that is in my name only would not be accessible to her, to call him for help.
THANK GOD!!
look into moving your money
look into moving your money into a trust in your name:) i know some good personal trust & estate attys in MA...pm if you want.
"Can the bm try for any of
"Can the bm try for any of the proceeds"?
The House is YOURS. They ( BM or DH ) have no rights to any of the proceeds. It's your home, and only yours, since you purchased it prior to marriage.
BUT, caution : DO NOT deposit any of the proceeds into a Joint account , keep that money separate, in YOUR NAME ONLY. Also, if you need to use any of that money, lets say ,to pay a household bill ( for both you & DH ). Move the money needed,( cash) to another account to pay the bills. DO NOT Pay ANY BILLS from your personal account you have the bulk of your money in... EVER!! By doing that, it could make it look like joint moneies, understand?
I was told this when I inherited money, and also sold a home I owned before i married. I was told to ALWAYS keep it separate & to never make a Mortgage payment out of MY Private account. Move the money in cash to another account to pay the bill if I needed too.
Once you start paying money out to pay bills which BOTh accumulate , like a mortgage, electric etc. I gives your parnter rights to that account in a court of law. IF there was a divorce or problems in the future.
I do this. I had a pretty
I do this. I had a pretty big savings account when dh and I married (its since dwindled because of IVF and home repairs). I used a big chunk of it to pay dh's settlement with Wingnut for the divorce (he had to buy her out of the home equity). I wrote dh a check and he wrote her a check, but we also wrote an agreement that said I was buying Wingnut's equity in the home, so that became my asset. Same thing with home improvements, I move the money to a separate account to pay the bills.
"A pessimist complains about the wind, an optimist counts on the wind changing, a realist adjusts his sails"
ok.. that is what he said
ok.. that is what he said as well. Deposit the money from the sale into an acct w/just my name on it.
Now.. if I decide to pay off a credit card that is in both our names (we have a joint cc) and I move the money into the checking acct after its been sitting in my sole account, does it matter if I pay that off, given that its in both our names?
ok.. so pay the card from
ok.. so pay the card from my sole account, even if its to pay off a joint cc?