California Adoptions Legal Questions

All property acquired DURING marriage will be looked at, initially, as community property, which means that you and your husband will own it as a unit.  Exceptions to this general community property rule are things that you acquire before marriage (as well, as after separation, or by gift or inheritance).  If you own a house before marriage, it is your separate property.  You should never put it into your husband's name.  However, be aware that once you marry, if you use your earnings or your spouse's earnings accumulated during marriage (which are community property and thus owned by the two of you as a unit), then the community (you two, as a unit) will start acquiring an interest in your home.  Therefore, if you want to keep the separate property aspect of your home, you must use separate property funds (those that are from a separate property source, i.e., from before marriage, gift or inheritance) to make the payments.     Another option is to have a pre-marital agreement prepared, which states that, despite the fact that community property earnings are going to be applied to the home, if you divorce, the house will be confirmed to you as your separate property.... Read More