Can I get money back that I put down on a house if I earned it prior to my marriage?

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Can I get money back that I put down on a house if I earned it prior to my marriage?

We have been married 5 1/2 years. I make $15,000 a year he makes $100,000. I put $36,000 down, he put $1,000. The money came from the sale of my previous house that I owned during my previous marriage.

Asked on July 21, 2011 Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Generally speaking, if you can prove that the funds came from the ale of as asset that was considered separate property and held prior to your marriage then you can most likely ask for the down payment to be taken off the top off the sale and given to you as reimbursement.  Same will be for his $1000.  Now, please speak with your attorney about this and the fact that you just got $36,000 richer and how that may effect equitable distribution of your marital assets.  It may and it may not.  Maintenance as well.  And the distribution of your other assets ("equitable" does not mean equal).  Good luck to you.


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