Q: House bought when we are married. down payment is my mom's gift; loan and title under my name. What happens if divorce?
Down payment borrow from my mom, send from oversea as gift; my husband not qualify for loan so only my name on loan and title.
So will the house still be 50/ 50 if divorce?
A: Your mother either loaned you money or gave you a gift for the down payment, but it can't be both. Since the home was purchased while you were married, there is a presumption that your and your husband's contributions toward the acquisition of the home were equal. To overcome that presumption, you would have to prove that the gift was to you alone and you did not commingle it into your joint financial affairs, or that the loan was not repaid and is due. Depending on the length of your marriage and many other factors, you may be able to retain the down payment as your separate property and the balance of the home equity would be divided equally.
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