QUESTION
Am I entitled to any of the value of these properties if my husband owned rental property prior to our marriage?
Asked on Mar 17th, 2013 on Divorce - California
More details to this question:
We are now in the process of divorce after 8 years. Is the income generated from them considered earned income and therefore, marital property?
6 ANSWERS
If he owned the properties prior to marriage, the properties would be his sole and separate property, so any rental income or sales proceeds earned from those properties would also be his sole and separate property. If any community property money was paid toward these properties, you might have a claim to be reimbursed. I recommend you consult with an attorney to discuss this in greater detail.
Answered on Mar 18th, 2013 at 9:02 PM
If mortgage payments were made on the units with income from his employment or efforts during marriage, you have an interest in the units. This is pretty tricky stuff so you should talk to an attorney in your community concerning your rights.
Answered on Mar 18th, 2013 at 1:36 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If he maintained their separate status and did not include them in the community, then it is unlikely that you will have any rights in them. I don't think that his use of the income from those properties would raise them to the level of being community property. However, call the Idaho State Bar and get a referral because there may be facts that would change the analysis.
Answered on Mar 18th, 2013 at 1:35 PM
Income from separate property is is considered separate property. However that income is available for support.
Answered on Mar 18th, 2013 at 1:35 PM
John Arthur Smitten
Potentially yes.
Answered on Mar 18th, 2013 at 1:35 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The property and the rents are his separate property. If he used community money to pay the mortgage then the community may have an interest in them. The income generated would be considered in determining spousal support. See an attorney.
Answered on Mar 18th, 2013 at 1:34 PM