Even though Texas is a Community Property state, where marital assets are divided equally, they do recognize that some assets are separate property. Generally if one of the parties can prove that the money for the down payment was theirs and show a chain of custody, so to speak, then the courts can "take that off the top" when deciding the distribution of the proceeds from the sale.  I would argue that point as your attorney and I would stick to my guns. Be aware, though that it work both ways: if she paid for furniture, renovations, etc., with her savings she may be able to argue a set off too.  Speak with your lawyer.  Good luck.