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Torn41102

Rental Income

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Short marriage (2 years).  We rented out spouses house for one year during marriage and spent most of the rental money on travel and hired help to build a pool at our joint home.  Now with divorce agreement pending, she wants the total spent from the rental property returned to her.  Am I being unfair offering only half of it back?  Of course she wants a lump sum that I'm unable to do and is refusing to sigh the agreement without a lump sum.  Please advise.

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On 10/7/2016 at 3:01 PM, Torn41102 said:

Am I being unfair offering only half of it back?

 

This being a non-legal question, I have a hard time understanding why you'd be concerned about the opinions of anonymous strangers who have a total of three sentences of information about you and your wife.  That said, why would you offer any of it back?  Was there any sort of agreement that, in the event of divorce, she would be compensated for these things?

 

 

On 10/7/2016 at 3:01 PM, Torn41102 said:

Please advise.

 

Consult with a local divorce attorney.  Unless Kentucky law is unusual, absent express agreement to the contrary, your wife has no right to be repaid for nonmarital funds that were used for pleasure trips and improvements to marital property.  She likely will be entitled to half of the equity in your marital home.

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Hi @Torn41102

 

Welcome to the community and thanks for posting! Given that (from your description of the facts) the rental income has been spent, and your ex received the benefit of the travel and the pool, it does not sound entirely reasonable that she expects you to pay her the rental income now. If you keep the house have the sole benefit of the pool, it may make some sense for her to expect to be compensated for that.

 

As other posters have mentioned, if you are unable to reach an agreement, a family law judge will make a ruling on the matter. Are you working with a family attorney? You may want to consider speaking with one. For a free consultation, click here.

 

Best of luck!

The FindLaw.com Team

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