Legal Question in Family Law in California

You are both entitled to half of the community assets. With regard to the down payment, it would be an easier question if you had prepared a prenup, or other postnup even, to leave no doubt about what your intent was at the time. Now, you really need an attorney to bring out facts that would suggest that you did not intend to make a gift to the community.

It's going to take some forensic accounting to sort out exactly how much interest the marital community has in the property and how much, if any, separate property interest you have. You will need an attorney's help with this one.

If the property is in joint tenancy, there is a presumption that the property is community property, and can only be rebutted by a statement in the deed that it was to be held otherwise, or a written prenuptial or written postnuptial agreement. Community property is generally split 50-50. If you purchased the house with separate property, you may be able to claim reimbursement of your separate property, if you can truly trace the down payment to separate property and do not waive that reimbursement.