My wife and I got married in 2014 and when we bought a house, we had to title it in my wife’s mothers name because neither of us had been at our jobs long enough. I put a lot of money down. We are divorcing and my wife’s lawyer says this was a gift to the marriage. If I have proof of putting the money down can I get that back if we have an equitable distribution?
Attempting to get your down payment back will likely need to be an issue between you and your mother in-law. The house would not be considered marital property and subject to equitable distribution if neither spouse owned the house and the house was not acquired during the marriage with marital funds.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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