Q: How can I get my house in the divorce if I paid the downpayment but the mortgage is in both names?
A: The starting point for equitable distribution is 50/50. If you can show that your down payment was non-marital then you can subtract it off the top. In a divorce, the names on the title and mortgage are not deciding factors. The property is a marital asset. If you want to keep the house then you can buy out the other party. Speak with a local family lawyer for more specific advice.
A: If your home was purchased during the marriage, and both you and your husband appear on the title, the home appears to be a marital assets and will be equitably divided by the court. If you used nonmarital funds to make a down payment on the home you could have an argument to seek an offset. The home may ultimately need to be sold or refinanced, but without more information is it difficult to provide further advice.
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