How is property divided in a divorce when one spouse pays 100% of the mortgage and downpayment, but both names are on title?

When a court looks over any property division plan submitted by a couple that’s seeking a divorce, it is not concerned with which party handled various aspects of the original financing or who mailed in the mortgage payments each month. The court usually tries to respect the marital contributions of both parties, regardless of whether they both held down paying jobs outside the home.

Instead, divorce courts look closely at the names on property titles and to their state divorce laws governing the division of marital property. You should seriously consider hiring an attorney to help you understand which property is held jointly by you and your wife and how your debts and other obligations must be divided.

You and your wife should probably hire separate attorneys to be sure your respective rights are properly represented. Be sure to review any pre- or post-nuptial agreements you may have both executed. Be as honest as you can about all of the assets you hold so that both parties can be treated fairly in court.