Rincon, GA Divorce Law Firms & Lawyers

You should hire a competent family lawyer, like me, if you have not already done so. Your question is difficult because the other facts and circumstances of you case may determine what portion of the equity in the vacation home, if any, the court will award to you and/or your wife. When you refer to half the funds used for the purchase, I assume that you mean 50% of the down payment on the vacation home and not 50% of the equity of the vacation home. It may be possible to argue that you should receive the entire down payment, and that any equity above the down payment amount should be divided. This argument may be subject to several counter arguments. For example, you indicate that you refinanced your primary home to make the down payment on the vacation home. Has your wife contributed to the mortgage payments, utilities, maintenance, upkeep, etc of the primary residence? If so, it may be argued that she has contributed to payment of the loan used to obtain the down payment on the vacation home. There may be other arguments for and against an award of a percentage of the down payment amount. My suggestion is that you attempt to negotiate a global settlement considering all of your assets.

You can file a Petition for what is known as a Nullity (what used to be called an annulment) and, if successful (which it should be), the legal effect will be as if the marriage never occurred.