Q: Bought a condo with 1/2 my pre-marital funds and the other 1/2 from my dad. How can I save the condo during divorce?
Made an offer on the condo in Sept 2009 to be purchased cash 30K from me and 30K from my dad. I got married in Dec. 2009. The actual closing of the deal happened in April 2010 because the previous owners had 2 mortgages and the bank took almost 7-8 months to release their debt. Now I am getting a divorce and wife wants 1/2 of condo. Is she entitle to anything at all? If banks took a week or a month to close, we would not even be having this discussion. It is not my fault it took them 7 months. Is my dad entitled to anything? The condo was intended to be my own place when I moved out. My name is the only name on the deed.Can we claim resulting trust? Maliski v Maliski? Anything helps. Thank you
A: It appears that you need to claim a "special equity" in the condo. But I do not have enough facts here to make a solid determination and would need to do a bunch of research on this topic, as well as resulting trust to see if that even remotely applies. The best thing you can do is get an attorney on your side who has practiced family law for decades.
A:
You have to file a request for unequal distribution of the asset at issue.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
jsmitten@careyandleisure.com
www.careyandleisure.com
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