Spring Cleaning – What NOT To Toss!

Written by on March 9, 2015 in Attorneys, Division of Assets

It’s almost time for some Spring Cleaning, and we know it is tempting to start throwing away all the paper clutter that accumulates over the years, but here is a short list of documents you should absolutely always keep.

 

  1. All documents relating to the purchase and refinance of your home, such as the HUD and closing statements.  This includes documents relating to your down payment (e.g. images of the canceled checks), and any other escrow paperwork.  Do not throw these out.  If you do not have these documents, you may lose your argument for any separate property interest in the house.  The burden of proof is on the person who is claiming this interest, so keep that proof.

 

  1. All prenuptial and/or post-nuptial agreements, and any addendums.  Even if your spouse and you ignored these agreements throughout the marriage, they are still valid agreements, so it is vital to keep track of any addendums or revisions that may have been made throughout your marriage.

 

  1. Financial statements for the date closest to your date of marriage.  Don’t forget to keep a copy of your retirement account statements from the date of marriage as well.  Your bank may not necessarily keep these records for you for longer than 7 years, so if you want to prove your pre-marital separate property, you need to keep these records.

 

Please keep in mind this list is not all-inclusive, and every case varies.  However, having these records can go a long way towards facilitating a quick resolution for many of your more expensive financial issues.

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