When divorcing, is a spouse entitled to the down payment saved prior to marriage for a house purchased after marriage?

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When divorcing, is a spouse entitled to the down payment saved prior to marriage for a house purchased after marriage?

Shortly after our marriage, my husband and I bought a house. We used money that I had saved before the marriage to make the down payment. We have been making payments on the house out of our joint account. The loan and deed are in both of our names. Now we are getting a divorce. Am I entitled to get the amount of my down payment back in the divorce and/or division of property?

Asked on February 24, 2011 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Generally speaking, if you can prove that the funds were separate property prior to placing them as a down payment - in that you can tract them to a separate account - then you could possibly get the money "off the top" in a divorce case.  Texas is, however, a community property state, and I am not clear on how they will view this, although they do recognize that property is not always community property in a divorce.  So do a little digging in to your old paperwork and show where the funds were transferred from and then you can make that argument. It never really hurts to try in any event. Good luck.


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