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


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.


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.