My wife says I am not entitled to any of her property and business, but I have put a lot of money into the home and lent her money to pay taxes on her business. What can I do to get something back for everything I have spent?
You should schedule a meeting with an attorney as quickly as possible to fully arm yourself with relevant legal knowledge and to finalize a strategy on how to best divide the business and property.
Typically, states divide all assets acquired after the marriage in an equitable or 50/50 division. That may include the equity in your home as well as the business, depending on the specific facts of your case.
You should gather all documentation related to the money you put into the house. For instance, did you put a substantial sum into the home as a down payment or make repairs or improvements? If so, bring those bank statements, receipts, etc. to a consultation with a Cordell attorney so they can best advise you of what you may be entitled to in a property distribution.
The portion of the business that you may be entitled to, as well as any money you lent to your wife, will require a more in depth conversation to give you even general advice. It will depend on the way the business is set up (corporation, LLC, etc.), as well as how and what you contributed (time or money) to best advise what you may be entitled.
For any money you lent to your wife, we will have to be careful to consider whether it truly was a loan, or whether it would be considered a gift. Depending on the laws of your state, it could be very important.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”