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  1. #1
    why_me is offline Junior Member
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    Default 50/50 split question

    I am a mid 40's florida resident. We are +100k upside down on our home that we have a short sale offer on that the bank is reviewing. My wife has decided we should divorce after 6 years of marraige. She and her 2 adult duaghters have moved in with her ex boyfreind but it is just platonic and I tend to believe her. My question is she is stating almost everything was a gift from me to her or her kids and thus theres. She has a car (joint account) with balance of 23k, a credit card (hers) with balance of 14k and has stated I am obligated to pay off both so she leaves marraige as she entered it with no debt and a newer car. I am also the borrower of her duaghters car with a balance owed of +/-5k. I make about 85k and she makes about 25k per year. I have supported her children for entire marraige ( kids now 24 and 21) with food, shelter, clothing etc in additon to from time to time making their car/insurance payments when they did not have money, paying dental/medical expenses, etc. I do not wish to involve her kids but they are in process of taking bedroom sets, tv's ect that we purchased during the marraige in addition to almost each time I/we had to "loan" them money was told they would pay me back when they could but nothing in writing. I can take a loan from my 401k of around 30k but want to know what the law is on a 50/50 split and if I can offset some of the jewerly, furniture, household items she states were all gifts to her and kids. I do not want a hurtfull long drawn out divorce just something fair.

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    Default

    Any property you and your spouse acquired during the marriage is marital - and will be split. Same thing for debts.

  3. #3
    why_me is offline Junior Member
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    Default thanks howard

    as a follow up to your answer

    is all the jewerly she has that was bought during marraige considered 50/50 assets ?

    on splitting up the debt. If combined we owe 50k in debt and I make 75% of the money would I take 37,500 of the debt?
    would same apply for assets as if I am paying more debt shouldn't I recieve more assets?

  4. #4
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    The starting point on all debt and assets is 50/50, regardless of income. Sometimes things are split unequally to settle a pending alimonyicon issue. This includes all assets purchased during the marriage regardless of type, including jewelry.

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