# How will assets be divided?



## Rokarto (Jan 5, 2015)

Hi. My wife and I married 3 years ago in Europe. She is American and I am European but I do have a green card. When we got married I owned a house. The house sold about a week before we got married and I made a good profit with the sale. I did not have to pay taxes because I had lived in the house for 2 years so I think it is not considered income. I also received financial gifts from my father in Europe. 

My wife owns one house that she had owned since before we got married and I own a 2nd house but it was filed as a sole and separate property when I bought it meaning that she forfeit all rights on that house I believe. Here are my questions:

If my first house sold before the wedding (that was when the purchase agreement was signed but the check from the title company after we had gotten married) will the money that I received be considered communal property by the courts? Likewise, will a gift from my father to me be considered communal property and will I have to share that in our divorce?

My position is that she should not benefit from a house that I renovated in 2 years of work and purchased and sold before we got married.

During our marriage we had a child and I spent all my income on our life expenses. She did not work but stayed at home with the child. I made less money than our expenses were (we paid the extra from my savings).

We have no cash left but each of us has a house with full/some equity. No debt exists.

No pre-nuptials or any other agreements exist. We are in Washington state.

Any educated advice will be very much appreciated. Thank you


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## michzz (Jun 6, 2008)

If you did not commingle the funds to buy the next house, then it should remain yours, depending.

Please consult with an attorney


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## Duguesclin (Jan 18, 2014)

You should check with an attorney, but the house acquired and sold before your marriage should remain yours. The gift received during your marriage is for both of you. The asset accumulated or debt contracted during your marriage is for both of you.

But again, check with an attorney.


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## honcho (Oct 5, 2013)

Rokarto said:


> Hi. My wife and I married 3 years ago in Europe. She is American and I am European but I do have a green card. When we got married I owned a house. The house sold about a week before we got married and I made a good profit with the sale. I did not have to pay taxes because I had lived in the house for 2 years so I think it is not considered income. I also received financial gifts from my father in Europe.
> 
> My wife owns one house that she had owned since before we got married and I own a 2nd house but it was filed as a sole and separate property when I bought it meaning that she forfeit all rights on that house I believe. Here are my questions:
> 
> ...


If the check was issued after your marriage then it will most likely be community property. This is very dependent on what state you live in. Until the money changes hands a deal is never complete and having a purchase contract isn't a done deal. 

Again its really dependent on the state you live in. In my state it would be community property. You will need to speak to a lawyer to get the best answer.


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## EleGirl (Dec 3, 2011)

Did you keep the money from the sale of your house in a separate account? Or did you mingle it joint marital income (meaning any income either of you made during the marriage)? 

If you kept that money in a separate account, then it’s your sole asset.

If you mingled it with marital assets/income, it’s marital assets/income.

The same goes for the gift from your father. Gifts are generally separate assets. However if you mingled it with martial assets/income then it’s a martial/asset income. Inheritance is handled the same as gifts.

Any of the money from the sale of your house and from your father that you used to support yourself, wife and child during the marriage cannot be reclaimed. You chose to use it in that manner.

Every state is a bit different. Some are “community property” some are “equitable distribution”. You might want to look up those terms.

Also look up your state and divorce on google or other search engines. Read and find out what the laws are in your state.

See an attorney to find out how it will go in your particular situation.


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## JustTired (Jan 22, 2012)

Your best bet is to go see a lawyer, most will do a free intial consultation. I do believe Washington is a community property state, if there is no pre-nup that can make things interesting. Speak to several lawyers & arm yourself with all the information you need.


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## Jetoroal (Dec 24, 2014)

Depends if the possession in question is considered marital or separate property. Consult a family lawyer for more details.
_Posted via Mobile Device_


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## Starstarfish (Apr 19, 2012)

I'd also want to talk to a lawyer regardless because of the green card situation. Do you have citizenship or leave to stay now except via your marriage? How will the status of divorce affect this?

Are you planning on staying in the US? International split-custody can get very expensive and potentially ugly.


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