Law...

When Homes Are Entirely Marital Property

In most states, the home will be entirely marital (or "community property") if all the funds invested in the house were marital funds.

This typically happens if:

• All the funds for the downpayment and the mortgage payments were earned during the marriage. (It does not matter which party earned the funds.); or
• Some or all of the downpayment was earned before the marriage, or was a gift, but the house was taken in joint names. In most states, the taking of the house in joint names makes a gift to the marital entity from the individual separately.

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