Who is entitled to a down payment madeon ahouse before marriage?

UPDATED: Jan 20, 2011

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Who is entitled to a down payment madeon ahouse before marriage?

I put $80,000 of my savings as a down payment on our home 2 months before I was married (3 years ago). Is my wife entitled to 1/2 of that down payment in the event we sell the home? The mortgage is in my name.

Asked on January 20, 2011 under Family Law, Texas


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

Answered 12 years ago | Contributor

Even though Texas is a Community Property state, where marital assets are divided equally, they do recognize that some assets are separate property. Generally if one of the parties can prove that the money for the down payment was theirs and show a chain of custody, so to speak, then the courts can "take that off the top" when deciding the distribution of the proceeds from the sale.  I would argue that point as your attorney and I would stick to my guns. Be aware, though that it work both ways: if she paid for furniture, renovations, etc., with her savings she may be able to argue a set off too.  Speak with your lawyer.  Good luck. 

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