Recovering losses

If you and your spouse hold title to your house as tenants by the entirety (which is most likely, especially if you purchased the house after you were married) then the downpayment money will be construed as a gift to the marriage and you will not be entitled to a greater percentage of the equity or profit from the house. The 401(k) money that you used to sustain your household during the marriage will also be construed as a gift to the marriage.

Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
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.

I am contemplating seperation and divorce but I have a question. When we purchased our house I took my 401k money $4000 for the down payment. I have worked consistently and paid my share of the bills and now am in serious financial difficulty. My husband is a drunk and has skipped jobs like crazy. It has taken the rest of my 401k money for us to survive and now it’s gone $14,000. My question is do I have legal recourse to recoup some of this money, or can I maybe get a bigger share of profits (if any) from the sale of the house?