Additional Information:

When my husband and I got married, instead of a having a lavish wedding, my parents gave me the down payment on a house we bought together in Needham.  It was about $100K.  I am now in the early stages of filing for a divorce, will my husband get half of this asset?

ANSWER:

The length of your marriage and other financial factors that occurred during the marriage are vital pieces of information in this question.  In a mediation setting, you would be able to negotiate and suggest that this downpayment was either money you brought into the marriage or a gift to you and that you should be at least entitled to that down payment back.  The question of whether the home has appreciated in value, and how that additional equity would be divided would be another matter. Generally, both spouses in a marriage are seen as working as partners to pay the mortgage, maintain the home and assume homemaking duties.  Assuming there was no premarital agreement, both you and your husband would negotiate and agree on an equitable way to divide the equity in the marital home.

Needham Divorce / Division of Assets Mediator, Attorney Mediator Tracy Fischer provides mediation and family law services to individuals and families throughout the Boston Metro region including Andover, Beverly, Boxford, Burlington, Danvers, Dedham, Gloucester, Marblehead, Newton, Needham, Peabody, Salem, Tewksbury, Topsfield, Waltham, Watertown,  Wayland, Wellesley, Weston and Wilmington, Massachusetts.