Legal Question in Family Law in Massachusetts

House Sale Monies

After purchsing a home together prior to getting married 5 years ago wife had more of a financial stake in the downpayment, since then have married and sold that property and purchased another home together, now going through a divorce after 4 1/2 years of marriage, should the net proceeds be split evenly because all of our financials were commingled, or is the wife entitled to what she originally put in?

Thanks


Asked on 11/30/05, 11:28 am

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: House Sale Monies

Comingling is not the issue. The short duration of the marriage might lead a judge to decide or you to agree to reimburse your wife for her share of the downpayment, and divide the increase in value since it was purchased (or since the original investment in the first house), less any allocations for major purchases since then (boiler, roof, etc.). If you can't agree, you leave it up to the judge, who mau be having an off day or may see some inequity that will affect one of you more than the other.

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Answered on 11/30/05, 5:23 pm


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