Can someone get a down payment on a home back in a divorce? 1 Answers as of May 26, 2011

My nephew and his fiancé bought a house in December 2010. The house and the loan were put in his soon-to-be wife’s name because she had better credit. His father had passed away previously and left him life insurance money. They used the life insurance money for the down payment on the house. Basically, the house is in her name but they used his money to purchase it. They were then married in February 2011. He has since found out that she is cheating. Will he be able to get his down payment money back in a divorce? I am assuming since the house was bought before the marriage it cannot be considered a marital asset? Is it likely that she will get to keep his $25,000 and also the house while he would get nothing since it is in her name?

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In Michigan and Ohio, it depends upon if there is an agreement in writing giving him a secured interest in the house. Or is it possible he is on title to the house? Please see an attorney from your state to have all of the documents properly reviewed and analyzed. Also, the house may yet end up as part of the settlement if the court determines she owes him assets and she has nothing but the house.
Answer Applies to: Ohio
Replied: 5/26/2011
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