it depends on the state, but I would say NO you are not entitled to the full down payment. Yes, the money was saved before you got married and had you kept the money separate from any joint accounts during marriage, you could claim it as yours. HOWEVER, you co-mingled the funds. This means that you combined your prior savings into the joint house at which point it became an asset of the marriage.

Of course the lawyers are saying what they are saying; they are trying to play hard ball, but only a judge can rule on this.

Different states have different laws. Some states are what's called equal distribution of assets, some what's called equitable distribution. Everything is subject to negotiation though. The law only gets into it if you can't agree and a judge has to make the decisions.

No, no one knows for sure.

What you - and she - is entitled to is determined by whatever is agreed on. If your lawyers differ on their opinion - then it goes to court and the judge will decide.

Since I don't know your state or your state laws I would say let your attorney that you're paying to handle your divorce sort the matter out.

I put down money as a down payment on a house me and my wife baught.it was money I had saved.we are now separating etc.and have sold the house.i have the records to show it was my money prior to marriage or buying the house.i want it back. the real estate lawyer has the money in trust till we get the separation agreement done and have a dispersal letter prepared from the lawyer.

My lawyer says im entitled to the down payment but hers says no.i have hear before that I am entitled however I am here asking if anyone knows for sure..