Legal Question in Family Law in Arizona

I was married 2 yrs. 3 months. I put up $50,000 of an old (prior to marriage) 401k for the down payment. I could not be on the deed or the loan due to a prior forclosure. The title co. required a disclaimer deed. Now my wife wants 50% of my original down payment. doesnt seem fair. I just would want my original down payment back and then split everything else. ???


Asked on 4/15/13, 12:37 pm

1 Answer from Attorneys

Carlie Owsley Walker The Owsley Law Firm, PLLC

This amount can be considered a gift to the community. I would strongly suggest you consider hiring experienced counsel to assist you with this issue, as the amount you stand to lose is substantial. I believe an equity argument is your position here. We old also need to cite case law on the matter. We offer free 40 minute consultations if you have further questions.

Carlie Owsley Walker

623-748-8973

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Answered on 4/19/13, 6:51 am


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