it will depend on various factors and any agreements. The court might consider the down payment a gift or it might be considered his separate property. It is also possible it might be considered community property if it was given to him for the down payment. He also might get his part of community property of payments toward the mortgage. Too hard to tell and it might come down to the judge's decision.
This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com
Based upon the facts you have provided, the answer to your question is complicated with several variables that require legal research and analysis. I recommend that you consult with a family law attorney for advice about the possibilities presented by your situation.
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You need to consult with an attorney in person. Depending on other facts not stated in your question, to determine your husband's interest in the property, if any.
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