QUESTION
Can my wife go after my house if I file for divorce?
Asked on Jul 21st, 2014 on Divorce - California
More details to this question:
I bought my house 10 years ago and I have been married to my wife for a total of 5 years. The house is in my name only.
5 ANSWERS
Whether or not there is any community interest created in the house during your 5 years of marriage depends upon how you have paid for the property and any agreements you have with your wife. You should consult a family law attorney to review all of the facts and advise you.
Answered on Jul 24th, 2014 at 4:03 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Could be partially community. It depends where the payments came from, employment versus separate property.
Answered on Jul 24th, 2014 at 3:53 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Mostly likely you will get the home, but she will be entitled to reimbursement of one-half of the the community property funds that you have used on the property during the years you were married (payments toward your loan principal, repairs, taxes, insurance, etc).
Answered on Jul 23rd, 2014 at 2:49 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The house is yours. However, she may be entitled to a percentage of any appreciation and 50% refund of any principal paydown.
Answered on Jul 23rd, 2014 at 2:44 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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She would be entitled to 1/2 interest in community property. So in English, that means if the property went up in value during the marriage, she has a 1/2 interest in the increased value.
Answered on Jul 23rd, 2014 at 2:38 PM