2 year marriage...She wants half in South Carolina

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2 year marriage...She wants half in South Carolina

Postby lewiswh » Tue Mar 06, 2012 5:03 pm

I am getting a divorce after 2 years of marriage.We have been together for a total of 18 years.She wants half the house and I will outline why.

We started investing in Real Estate jointly in 1999

We rolled the profits from various jointly held properties into our present home that is in my name alone.(very long story why not joint)

The home had a guest house that was leased outand more than paid the Mtg.and expenses.

She has claimed an interest beyond what she would be entitled during our 2 year marriage.

Can she prevail ?
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Re: 2 year marriage...She wants half in South Carolina

Postby advisor » Tue Mar 06, 2012 7:00 pm

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Re: 2 year marriage...She wants half in South Carolina

Postby Fatheroffour » Tue Mar 06, 2012 7:09 pm

Who's name the house is in isn't the relevant issue.

Where you married when you bought the home?
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Re: 2 year marriage...She wants half in South Carolina

Postby lewiswh » Tue Mar 06, 2012 7:24 pm

The home was purchased in 2001 we married in 2009. My concern is that she has alot of money into the home and I am not in a position to repay.
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Re: 2 year marriage...She wants half in South Carolina

Postby Fatheroffour » Tue Mar 06, 2012 7:30 pm

I live in Georgia where marital property isn't defined by statute. It's all case law.

I assume SC will be similar which means you need an attorney and maybe an accountant.
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Re: 2 year marriage...She wants half in South Carolina

Postby Thoughts? » Tue Mar 06, 2012 8:05 pm

If you invested jointly and you were together for 18 years, she'll make that argument and probably prevail in most jurisdictions. The issue isn't how long you've been married, it was the source of separate property assets used to purchase the property.

If it's not half but less, say 40%, then you'll have to show that through a financial case. Which means an accountant.
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Re: 2 year marriage...She wants half in South Carolina

Postby lewiswh » Tue Mar 06, 2012 8:12 pm

One last question. She filed CH 7 Bankruptcy in 2005 (The reason we did not joint title)She did not represent on her filing that she owned or had any interest in Real property.

Can that help me ?
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Re: 2 year marriage...She wants half in South Carolina

Postby Thoughts? » Tue Mar 06, 2012 8:15 pm

Usually a person is allowed to keep their homestead or primary residence by reaffirming a mortgage. If that's limited or not allowed in PA or there was too much equity and she lied about it in BK, she would have difficulty now claiming under oath that she was entitled to half. You could submit her BK filings, which are public record, as evidence against her, and it would harm her case, as she'd either have to admit she committed BK fraud, or she's lying about her ownership interest.
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Re: 2 year marriage...She wants half in South Carolina

Postby lewiswh » Tue Mar 06, 2012 8:25 pm

Well in her pea brain she thought at the time she did not have "legal ownership"I have one other situation to bring up....pretty embarrassed...I referenced in an my original post that we had a guest house that we leased for 3000./month.Well she found out as of recent that the income was never declared.We only filed 2010 returns, on extension,together.
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Re: 2 year marriage...She wants half in South Carolina

Postby defaultuser » Tue Mar 06, 2012 8:43 pm

lewiswh wrote:I have one other situation to bring up....pretty embarrassed.

Dude... I thought I was going to get something juicy like she caught you in bed with a donkey...

The declaration of income on taxes really isn't relevant in family court. My X openly cheats on her taxes. It really doesn't matter.

The only way it could is in the calculation of alimony or child support, and you'd want to declare that on your financial affidavit or discovery or whatever.

Do you have kids?
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