QUESTION

Do I have any rights if husbands name is on the house and pickup?

Asked on Nov 16th, 2014 on Divorce - California
More details to this question:
We got married a month after we bought the house. My husband got me a pickup under his name after we got married so I can work which I have been paying for. We are now filing for divorce.
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3 ANSWERS

If you are in a community property state, such as California, it sounds as if the house is part community property and part separate property (one or both of you put separate property pre-marital funds toward it's purchase); and the truck is community property (acquired during marriage and paid for with funds earned during the marriage. However, there are arguments that even though community funds were used, that the title being in husband's name alone means that you both intended for those items to be his separate property. You will either need to settle these issues together, or present the evidence to the Judge in a Trial and let the Judge decide.
Answered on Nov 17th, 2014 at 6:33 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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The house is likely his separate property but the community may have an interest in it. The vehicle is likely community property, absent more information. I strongly suggest getting an attorney to help you with your case.
Answered on Nov 17th, 2014 at 5:54 PM

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Yes, the community has an interest in both these assets regardless of how the title stands. You should consult a family law attorney to review all of the fact and advise how best to protect your interest in these assets.
Answered on Nov 17th, 2014 at 5:54 PM

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