Legal Question in Family Law in District of Columbia

I have a question about Divorce. I have a new home that my wife and I now live in. Before we got married or engaged, I put a down payment to buy the property. It took over 2 years for the house to be build and finally closed. During the 2 years, my wife and I got engaged and finally married before closing on the house. The house is in both of our names but the loan is in only my name. Does she have rights to the money I put up as the down payment on the property? I understand maybe the equity beyond the down payment. Please let me know what you think? Oh &, we are in DC.

What I'm trying to understand is, the down payment that I put on the house prior to engagement and marriage which came from my own funds (like I said "prior to engagement and marriage"), would that be considered separate property or marital property? Keep in mind, we didn't close on the property unit after we were married. Here's the time line:

June/2007 - I put a down payment on the a house

January/2008 - we got engaged

August/2008 - we got married

June/2009 - we closed on the house we are now living in.

I do know DC is an equitable (meaning based on your contribution) distribution state.


Asked on 2/24/11, 6:33 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

The house is marital property, since you closed AFTER you married.

Best of luck. *****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 3/06/11, 3:50 am


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