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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99982
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If a home is purchased prior to marriage, when selling in a

Customer Question

If a home is purchased prior to marriage, when selling in a divorce situation, do you split equity based on % of down payment when purchasing home?
Submitted: 8 months ago.
Category: Family Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Are both parties' names on the property now, or, only the party that purchased the home prior to the marriage?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 8 months ago.
Both are on the property. One put in $1655 and the other $22000.
Expert:  Ely replied 8 months ago.
Thank you. If so, then this becomes marital property (regardless of how much was put down by whom). It would then be divided 50/50, regardless of original investment of the parties.
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Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!