Chapter 19 - The house and the shares
Our property trial became negotiation.
Mark’s 5% Mercer Building Components shares:
Gifted by Richard and Samuel before marriage? Some before, some during. Let's define.
2% gifted before marriage.
3% gifted during marriage expressly to Mark individually.
Under state law, gifts to one spouse may remain separate if traceable.
Company appreciation attributable to market/family growth versus Mark’s labor disputed.
Expert 1:
Marital active appreciation $310,000.
Expert 2:
$140,000.
No one claiming half the company.
Settlement range.
Then Mark’s Legacy Management interest:
No committee seat.
No promote.
Nominal.
No division issue.
Then house.
Mark wanted it.
Girls wanted rooms.
I no longer did.
Settlement proposal:
Mark refinances within 120 days.
Pays me:
$241,000 equity equalization after agreed contribution credits and closing-cost assumptions.
If he cannot:
House listed.
I receive my furniture/personal items.
No Diane key.
Not legally necessary but Mark agreed to change locks after divorce.
I laughed when Rebecca read that.
Then retirement:
Equalize marital portions.
Brokerage split.
No spousal support.
Child support based incomes and schedule.
Then active appreciation settlement:
Mark pays additional $85,000 to resolve claims.
Why lower than midpoint?
Litigation risk.
Separate gift issues.
I accepted.
Total equalization not revenge.
Money already partly mine.
Then Mark said in mediation:
“I don’t want the girls thinking Mom won the house.”
I stared.
“Then don’t tell them adults win houses.”
He looked embarrassed.
We agreed to tell:
Dad is staying.
Mom is getting a new place.
Both homes theirs.
Then Diane’s money.
Not in divorce.
No one touched.
Richard’s money.
Not in divorce.
Trusts.
Not marital.
Separation matters.
Then Mark asked:
“Can Mom ever come to the house after I own it?”
There.
The question.
My lawyer looked at me.
I said:
“When the girls are with you, follow the parenting order. Your mother isn’t my property issue.”
Good.
Could I demand eternal Diane ban in his house?
Only if court finds safety basis.
Current temporary order supervised/no Emma contact.
Final decision pending.
I could not govern forever by contract alone.
May you like
That scared me.
Necessary.
