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Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.
I am sorry to hear you are in this difficult situation.
Are both your names on title?
What I am asking if is both of your names are ***** ***** to the house.
In total what did you each contribute to the value of this home? Also include the mortgage payments that you made on her first home less what you would have paid for fair market rent if this was owned by someone else.
Has your home increased in value since you bought it?And is she saying you share in the equity less the down payment?How much did you pay towards the mortgage of the new home? Did she pay anything towards the mortgage of the new home?
Who paid for the garage?
The way a court would look at this would be to consideration contributions to the value of the home.
So it is not the case that the court would say she gets the down payment back. Rather, the court would add up all you contributed and what she contributed. So if by way of example she contributed 75% of all contributions and you 25% she would get 75% of the equity and you 25%.So before deciding if you should agree to her taking the down payment off the top you should figure out which method would put you ahead.
Do you see what I mean?
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