Evidence Held Sufficient
Where plaintiff used his equity in first residence to purchase a new home titled in both parties’ names, thereby commingling the properties so as to transmute his equity into marital property, the residence was properly classified as marital. In re Thacker
A family residence was properly deemed marital property where the husband purchased the house approximately two months before the parties were married by borrowing $3,000 for the down payment and mortgaging the remaining purchase price, as he never spent any money from personal funds accumulated prior to the marriage, and the mortgage payments were made with marital funds. In re Ohrt
Where house was purchased by the parties prior to, but “in contemplation of” their marriage; the parties were living together at the time of the purchase and had discussed acquiring a marital home; they both accompanied the real estate agent to view the property for the first time; they both signed the offer to purchase the property; former wife’s parents provided a loan of $5,000 towards the down payment; and additional $5,000 came from the parties joint funds; they used joint funds in addition to the rental income from the property to make the mortgage payments prior to moving into the home; and during the marriage all mortgage payments were made from marital funds, the house was considered a marital asset. In re Malters
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