I am recently separated after 8 years of marriage with no children. In
my pre-nup I agreed to put one half of the house that I owned and was
living in before our marriage in her name. I never got around to doing
this so I consider it to be my separate property, until they take
legal action. But I do feel that I should consider one half of the
increase in its value during our marriage to be her separate property.
The problem is that in the pre-nup I did not mention the mortgage debt
at all. What my wife's attorneys want is one half of the current value
on the house with no deduction for the debt
I need case law that shows that in a case like this it is assumed that
one half of the debt goes with one half of the property.
Also since she spent over $100000 of my separate estate during the
marriage I am thinking about making a reimbursement claim against her
one half interest in the house.
If you can help with these two issues please respone Thanks Ron