Who geht's the house if both names on the deed


#1

I met my husband in 2007 we purchased a house together in 2008 at that time we were not married.
We got married in 2010 and in 2016 he applied for divorce.
He claims that he is the only one who put money down on the house. I did put money down but i’m unable to prove it. It was cash given to him at that time.
Since we bought the house together and my name in on the deed since 2008 and before the marriage should the house be divided 50/50?
Please advice
Thank you


#2

Yes, it is likely that the house should be divided 50/50, or otherwise divided equitably, because the house could be marital property. Despite having acquired the house prior to the marriage, if both incomes contributed to paying down the mortgage, making improvements, etc., then it is likely marital property subject to be being divided in an equitable distribution (property division) case.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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