You are entitled to a "fair and equitable" distribution from the marital estate. Fair and equitable could include consideration of the source of the funds for the down payment on the home, if it can be proven. There is also commingling rule however, wherein an asset which was a party's separate, pre-marital property, has become marital through deeds transfers or other mixing of marital and separate assets. Division of property when there is a separate property claim is a nuanced area of the law, and a claimant should be represented by counsel. You inquiry suggests that you "are divorcing," which I assumed to mean that you have a divorce action pending. If you do not have an attorney, you should retain one. There is too much money at risk here.
Answered on Aug 20th, 2013 at 9:09 PM