One question that is commonly asked by couples during their divorce is
whether or not they can get the down payment for their home back if it
was paid before their marriage. In this blog, we explain if it is possible
to get your down payment back as part of your
With a few exceptions, all the property you acquired during the time you
were married to your spouse is considered
marital property. This is true regardless of which spouse paid for it. Marital property
includes things like houses, cars, furniture, appliances, stocks, bonds,
jewelry, bank accounts, pensions, retirement plans, and IRA’s. Exceptions
to this include:
- Property received by one spouse as a gift
- Property inherited from a third party
- Property excluded by a valid agreement
Property that you obtained before your marriage is called non-marital property
and remains with the spouse who purchased it. When a couple decides to
end their marriage and one spouse wants to claim particular property as
their own, the person seeking the property will have to prove that the
property in question belongs to them alone. A couple can claim joint ownership
for property by creating appropriate agreements or transfers of title.
Non-marital property is protected from another spouse’s debts.
After determining which of your property is marital and which is non-marital,
you and your spouse, or the court, will assign a monetary value to each
item in question. If you need help determining values, you can hire professional
appraisers to help you come to dollar figure. Getting back your down payment
will largely depend on if you were married at the time you paid it. If
you want to know if you are eligible to have your spouse pay you back
for the down payment for your family home, you should consult with our
Annapolis divorce attorney.
Call (410) 593-0040 to request your free consultation with our legal team today.