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Joined: Jul 2001
Posts: 5,247
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Member
Joined: Jul 2001
Posts: 5,247 |
Brief history:
My brother and his WW have been together for about 5 years, but married for only 1. They lived together and moved to Florida together a couple years ago. When they left here, they sold their townhouse and made a $30,000 profit. They were "single" at the time, and put their money into their dream in FL. They bought land -- paid cash -- and its in my brothers name only. They bought a mobile home. They had trouble getting the loan for that, so that is in WW's name with her father as a co-signer. They made improvements like running sewer lines, building a deck, shed, and carport and paid cash for all those items.
They finally got married in October of 2006 after getting settled.
Then 10 months later she disappeared. Just up and ran away. Took some tracking, but my brother eventually discovered OM (other boy really, he's only 22).
There is no interest in rebuilding or recovering this marriage. It was short, there are no children, and she's been horribly cruel. She filed for divorce.
What we are most interested in is how to handle their property during the divorce settlement process.
From what we've researched the land should be non-marital property (brothers). The mobile home also (hers) They have a couple cars that have always been in my brothers name, also acquired before their marriage.
My brother wants to keep the property. He called a few used mobile home dealers and they basically told him they would pay about 15,000 for a used mobile home. Should he offer her 15,000 or tell her to get her house off his property? She would take about a 15,000 loss on that scenario.
Is there any chance the magistrate will grant her the land because part of their townhouse money was invested (even though they were both single at that time)? What can he expect in this process?
They both filed financial disclosure documents in which she overinflated the values of everything...
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Joined: Feb 2002
Posts: 4,199
Member
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Member
Joined: Feb 2002
Posts: 4,199 |
I don't know florida laws, but to appraise the property, have him get 3 separate realtors to value the property, then take the average to dispute the "overinflated" values given.
If the land and trailer are almost equal in "value", take the average "real estate value", decrease it by realtor fees (6%), then 1/2 of the remaining should be the buyout value. A simplistic calculation, but you get the idea.
It was a marriage that never really started. H: Conflict Avoider, NPD No communication skills (Confirmed by MC) Me: Enabler Sep'd 12/01, D'd 08/03. My joys and the light of my life: DD 11, DD 9 *Approach life and situations from the point of love - not from fear.*
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Joined: Jul 2001
Posts: 5,247
Member
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Member
Joined: Jul 2001
Posts: 5,247 |
Thanks Newly -- what i was really hoping to hear was that the land would be his free and clear, since it was acquired pre-marriage.
And he would like to get the mobile home at a reduced price, since its her premarital asset and she's sort of in a bind with it being on his land.
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