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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28499
Experience:  Attorney with experience in family law.
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I was married in 2009 in the bay area, we purchased a house

Customer Question

I was married in 2009 in the bay area, we purchased a house in 2011, My husband put down 300,000. If we divorce, do i have to pay him the 300,000 down payment or am I entitled to the half of it. There is no pre nup, we would sell the house. Am I entitled to any alimony?
Submitted: 10 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 10 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

If your husband used funds he earned from 2009-2011 for the down payment, then you're entitled to half of that as well as half of any equity that has accrued since then. If he used property that he had prior to the marriage, then there would have to be something in writing where he agreed to give you that money as a gift. Go through all the paperwork associated with the house purchase to see if any of it uses the word "transmutation" or otherwise states that he's gifting the money to you/the marriage. That would be your best claim to half the down payment. You are entitled to half the remaining equity in the house because it was purchased after the marriage and payments were made during the marriage with community property funds. Alternatively, if your name is ***** ***** title, that would also give you a claim to have the equity accrued after the purchase was made.

Spousal support is based on need, so it's not done automatically. The judge will consider a variety of factors, including the duration of the marriage, your income and expenses, and your husband's ability to support you. Spousal support is less common in marriages of less than ten years, and if it was awarded, it would probably only be for a few years - roughly half the length of the marriage.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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