Dear IM Stuck:
Greetings. Yes, you can ask the court to take into account the premarital funds you placed into marital property, but when you deposited the marital funds into the marital property you created a presumption that you were “gifting” the funds to the marriage. It will therefore be up to the court if you should obtain more than a 50% division of the marital assets due to your gift of the funds into the marital residence. It is clearly a negotiating factor. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.