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Nov 08
2003
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Ask a Lawyer: Property SettlementPosted by: Dads Divorce on Nov 8, 2003   |
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Question:
I was in a bad marriage for 2 1/2 years. I moved in with my ex since her home was paid for. She worked the first two months of the marriage and quit her job. I was paid all the bills, and she maxed out all the credit cards. Now we are getting a divorce, she wants half of my 401k which in those years of marriage amounted to about $40,000. Since I lived there those 2 1/2 years and the her house is paid for am I entitle to the equity in those 2 1/2 years. The house was worth $200,000 when I move in; now it appraised for around $250,000 with all the work that I did. Since I have to give her half of my 401k, am I entitle to half of the $50,000, since she didn't work and pay for all of the improvements.
Answer:
I am not licensed to practice in Louisiana, but generally you are entitled to the marital portion of her separate property. That means that you are entitled to 1/2 of the appreciation of the value of her home due to payments made on the house as well as improvements. She is entitled to the 1/2 of the 401k that was accumulated during your marriage.
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