My lawyer & I disagree

[JanDoe]

What is the name of your state?What is the name of your state? IL

My lawyer and I can't agree about the following:

As part of our divorce settlement, my husband wants the downpayment money back he put down when we bought our house seven years ago. The money came from a previous property we lived in together (before we were married), but only his name was on that title. The home we bought seven years ago was purchased AFTER we were married and is in both of our names.

My lawyer said my husband has a right to receive the money back, while I believe he shouldn't because it became marital property once it was placed into a joint mortgage.

Who is right? Also, is there any "official" legal documentation I can see for myself on the Web(or possibly show my lawyer, if I am correct)? Thanks.

[vrzirn]

Califonia
Your attorney is correct. Ex gets back his down payment and then you split the balance of the equity.
If you have a written letter from ex saying he was gifting you with half of the first house, that is another story.

[BelizeBreeze]

while I believe he shouldn't because it became marital property once it was placed into a joint mortgage.

And, just to clarify, whomever told you the above is an idiot. The mortgage and property are two completely separate entities. You both may have owned the mortgage but he alone owned the house.

[JanDoe]

whomever told you the above is an idiot. The mortgage and property are two completely separate entities. You both may have owned the mortgage but he alone owned the house.

No, we BOTH own the house and the mortgage. Both names are on it. The first property (a condominium) is what was sold and he used some of the money from that sale toward the downpayment on the house, which we both own....in title and mortgage (although he has stopped paying the mortgage seven months ago).