If my husband used his own savinsg as down payment to purchase our home after our marriage, can he now claim that I am not entitled to any of the down payment because it was from his seperate account?

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If my husband used his own savinsg as down payment to purchase our home after our marriage, can he now claim that I am not entitled to any of the down payment because it was from his seperate account?

Asked on October 19, 2012 under Family Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is entirely possible that your husand could claim that the down payment for the purchase of the family home is his separate property even though title to the home may be on both of your names.

The problem with such a position with respect to the fact pattern that you have written about is that under the laws of all states in this country if your name is on title, it is presumed that your husband gifted his down payment to the marriage absent a written agreement to the contrary.


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