My spouse and I purchased a home a year before we were leagally married is the home considered marital or non marital property? Also how would the courts want us to divide the home, it shoud also be noted that my spouses parents are also on the mortagage. What rights do they have to the property now that we have separated? I am concerned that my husband and his family are asking for a 60/40 split, when we purchased the house 5 years ago for our down payment we came up with $40,000, 75% was my money $30,000 and 25% came from my husband and his parents $10,000 leagally what are they intitled too?
The question is whether the parents are on the deed, not just the mortgage as to whether they have an interest in the property or if the $10,000 they contributed was just a gift.
Even though the property was purchased in anticipation of marriage, that is not sufficient to determine donative intent. I would want to look at how much was put as down payments, mortgage payments in the year before marriage, and the date of marriage value versus the current value to determine what an equitable division of the asset would be.
When we purchased the home my husband and his parents combined contributed 10,000 to the down payment on the home. I contributed $30,000 for the down payment. All mortgage payments, except one, since the purchase of the home were made in full by me. My husband failed to get a steady job over the course of our marriage and I made all house payments myself. Technically I supported him while he went back to school as well. I’m not sure that they are on the deed for the home. I think they are only on the mortgage. I’m trying to get a copy of the deed. They are currently offering me a deal to of 60/40, but Im not sure that’s fair since originally it was split 75/25. His parents claim to have equity in the home because they paid for a few renovations to the home, but never asked to paid back for these renovations. They said they will waive their claim to equity in the home in I agree to giving their son 40% of the equity from sale of the home.