Greetings. Yes, you should be concerned. Why would you listen to something she tells you from her lawyer? Now that you are separating, you both have different interests, which is why you each need your own attorney.
Separate assets which are used for the downpayment on marital real estate is presumed to be a gift to the marriage … therefore the division should be equal. Also, if the gifts were to you too, why would you give them back? Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.