Separate property


#1

My spouse had a medical settlement and with his settlement we purchased a home. The home is in both our names. Does the Court look at this like it is his separate property? Do I have any claim to it? It is worth $50,000 more now than when it was purchased.


#2

Separate funds that are invested in jointly held real estate results in a presumption that the separate funds are in fact marital (that they have been gifted to the marriage). Your spouse would have to rebut this presumption with evidence that shows that this downpayment was intended to remain separate property.