Does my husband have claim to all marital assets because he paid for all with funds from an account he claims holds HIS funds?

Asked over 1 year ago - Binghamton, NY

My husband of 18 years is suing me for divorce. He claims that everything he paid for during the marriage came from his private account in addition to 401K and stock. Can I expect anything from the assets we acquired during the marriage? He is even claiming that I owe a large chunk of money from the purchase of our home because it came from "his money." He made one threatening "offer" and now threatens litigation. Is there no option for counter offers between lawyers prior to going to court?

Attorney answers (4)

  1. Paul Karl Siepmann

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . You need to consult with your attorney. If you don't have one then you need to get one. You have too much at stake to rely on internet advice, even as good as Avvo advice typically is. Your situation and rights and responsibilities are highly fact dependent. Speak with a local matrimonial attorney.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  2. Douglas Shaun Kepanis

    Contributor Level 12

    3

    Lawyers agree

    1

    Answered . Firstly - the facts you lay out here are not enough to go on - did your attorney serve a Demand for Discovery and Inspection; Interrogatories; EBT's? There is a difference between monies in a 'private account' and the origin of where those monies came from. Merely because a separate account was opened does not mean that monies therein are not marital property. Has your attorney explained any of this? Perhaps it is time to call your husband's bluff and get aggressive on your end?
    If you do not have an attorney - then it is time to retain one.

    You can reach my personal email: douglas@kepanislaw.com

    www.kepanislaw.com

  3. Frank Stephen Ieraci

    Contributor Level 11
    Best Answer
    chosen by asker

    Answered . While there is not enough information to tell how much of any assets you are entitled to, there is clearly enough to know that you are being bullied in the hope that you will give in. Do NOT listen to your husband. Listen to your lawyer. If you don't have one, get one. If your husband makes noticeably more money than you, he'll probably be ordered to pay for most of your attorney fees. So don't be afraid that you can't afford a lawyer.

    As to settlement proposals, attorneys generally exchange them once they have enough information about the case. This is done whether or not the case is scheduled for court. Going to court is not a threat. Don't be afraid of it. Court intervention helps to move the case forward and can actually save time and money in cases where one side is unreasonable. It certainly sounds like your husband fits that description.

    Get a lawyer. Trust your lawyer. Listen to your lawyer. Ignore your husband.

    This anawer is not intended to create an attorney-client relationship and may be considered attorney advertising.... more
  4. Maria C. Tebano

    Contributor Level 15

    1

    Lawyer agrees

    1

    Answered . Not enough facts. You are entitled to all assets purchased during the marriage with funds earned during the marriage regardless of the title owner of the asset. Any funds/assets that he brought into the marriage to the extent he can trace/track them into an account/asset will come out of the marriage with him. Anything received by way of gift/inheritance from a third party that has not been commingled with marital funds will also be his separate property. The same rules would apply to you. Get an attorney. Offer and counter offers can be made. Whether the case settles is up to you and your husband.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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