How will assets be divided?

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francero

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Hi. My wife and I married 3 years ago in Europe. She is American and I am European but I do have a green card. When we got married I owned a house. The house sold about a week before we got married and I made a good profit with the sale. I did not have to pay taxes because I had lived in the house for 2 years so I think it is not considered income. I also received financial gifts from my father in Europe.

My wife owns one house that she had owned since before we got married and I own a 2nd house but it was filed as a sole and separate property when I bought it meaning that she forfeit all rights on that house I believe. Here are my questions:

If my first house sold before the wedding (that was when the purchase agreement was signed but the check from the title company after we had gotten married) will the money that I received be considered communal property by the courts? Likewise, will a gift from my father to me be considered communal property and will I have to share that in our divorce?

My position is that she should not benefit from a house that I renovated in 2 years of work and purchased and sold before we got married.

During our marriage we had a child and I spent all my income on our life expenses. She did not work but stayed at home with the child. I made less money than our expenses were (we paid the extra from my savings).

We have no cash left but each of us has a house with full/some equity. No debt exists.

No pre-nuptials or any other agreements exist. We are in Washington state.

Any educated advice will be very much appreciated. Thank you
 
Hi. My wife and I married 3 years ago in Europe. She is American and I am European but I do have a green card. When we got married I owned a house. The house sold about a week before we got married and I made a good profit with the sale. I did not have to pay taxes because I had lived in the house for 2 years so I think it is not considered income. I also received financial gifts from my father in Europe.

My wife owns one house that she had owned since before we got married and I own a 2nd house but it was filed as a sole and separate property when I bought it meaning that she forfeit all rights on that house I believe. Here are my questions:

If my first house sold before the wedding (that was when the purchase agreement was signed but the check from the title company after we had gotten married) will the money that I received be considered communal property by the courts? Likewise, will a gift from my father to me be considered communal property and will I have to share that in our divorce?

My position is that she should not benefit from a house that I renovated in 2 years of work and purchased and sold before we got married.

During our marriage we had a child and I spent all my income on our life expenses. She did not work but stayed at home with the child. I made less money than our expenses were (we paid the extra from my savings).

We have no cash left but each of us has a house with full/some equity. No debt exists.

No pre-nuptials or any other agreements exist. We are in Washington state.

Any educated advice will be very much appreciated. Thank you

You need to discuss this with your divorce attorney, and ONLY with YOUR divorce attorney.
Generally speaking, all property acquired before the marriage isn't considered when divvying up property during the divorce.However, there are other considerations, that's why you shouldn't be seeking specific advice or guidance from strangers.
 
I think you're going to end up gravely disappointed, and this is just one reason you need to see an attorney.

What you're suggesting makes a bit of sense, yes, but Washington state is a bit of a wild-card when it comes to property - in particular when it comes to comingling and when it is or isn't appropriate.
 
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