i purchased a home before i married and put doen the down payment at the sale of the house am i entitled to receive my down payment back

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i purchased a home before i married and put doen the down payment at the sale of the house am i entitled to receive my down payment back

purchased a home before marriage put down the down payment and then quick claimed the deed to my now husband we are selling the house am I entitled to the down payment I paid on the house before I married him

Asked on November 6, 2018 under Real Estate Law, New Jersey

Answers:

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

Answered 2 years ago | Contributor

This is a point that absolutely can be negotiated during the divorce.  The house was first separate property then it seems it transmuted in to marital property, correct?  If you are giving him the property as part of your seetement agreement and in negotiating against other marital property, you can indeed ask that the down payment amount be taken off the top.  Good luck.


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