If the home was purchased during the marrriage, it is a marital asset subject to equitable distribution even if it is titled in only one spouse's name. However, there are exceptions. One exception is if the home was purchased with monies gifted to you by your mother. But if those monies were commingled in a marital bank account, and are not able to be adequately traced to the purchase of the home, the exception may not apply. The answer to your question depends upon a fact-intensive analysis of the totality of the circumstances, including but not limited to the amount of money gifted to you, where the money went, when the house was purchased, the purchase price of the home, whether there was a mortgage being paid with marital funds, the appreciation of the value of the home during the marriage, etc. Even if it is determined that all or part of the home is a marital asset, that does not necessarily mean that it would have to be sold and the proceeds split 50/50. The court would consider all the equitable circumstances and make a determination as to what should be done with the house, and how it should be split up (if at all).
Answered on Jan 26th, 2016 at 8:53 AM