What to do about possible commingling and transmutation of my home’s equity?

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What to do about possible commingling and transmutation of my home’s equity?

I owned a home prior to marriage. I sold my home and put $100,000 from the sale of my home into purchasing a home with my husband. Will my $100,000 be considered seperate or marital property? I know that I will have to split the equity earned since the purchase but can I get my $100,000 back?

Asked on June 5, 2012 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, if you can show that the $100,000 was from the sale of a separate property asset then you can bargain at the time that you divide marital assets for its return.  It may be one of those things you will have to fight for and it is always best to look at how local courts decide the issue.  Good luck to you.


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