Down payment for house 10 years ago - can he get that back?


#1

My stbx is claiming that an attorney told him he could get the $30k back that he earned before we were married that he used as a down payment on our home after we were married. This is based off of the fact that he earned it prior to our marriage and that he had it in a separate account that was only in his name before he wrote the check to the mortgage company.

Can he make a claim to get this money back from me. I do not have that kind of money.


#2

Your husband can make the argument that he should be entitled to the return of his separate property since he can trace the funds. You have a strong argument against this in that presumably by using the funds towards the purchase of the martial home that it was his intention to make a gift to the marriage.