QUESTION

If I file for divorce, what happens to my house that I have been living in?

Asked on Apr 02nd, 2013 on Divorce - California
More details to this question:
I have not lived with my husband for about 12 years. We both live in California. I purchased my house using money from a house we both lived in before we separated. I took my half of the profit from the sale and bought my present house that I live in. Will I have to sell my house if it is my primary residence?
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4 ANSWERS

The only way that would happen is if you need to raise money for a property equalization, you have property, your house, which is your separate property. Obtained after separation with your half of the proceeds from selling your prior house. If you have a pension which needs to be divided and you cannot do it any other way you could raise money to equalize the division by selling or borrowing against your house.
Answered on Apr 09th, 2013 at 7:59 PM

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If you purchased your current house with only your half of the proceeds of your marital home, there should be no need to divide or sell it. You should consult a family law attorney to review all of the facts and advise you.
Answered on Apr 04th, 2013 at 7:54 PM

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You need to talk to an attorney. It's possible you'd keep the house but have to reimburse the community for principal payments. Title needs to be looked at. Could also be that you just get reimbursed for your down payment.
Answered on Apr 02nd, 2013 at 12:43 PM

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It sounds to me that the house you are currently living in was purchased with your separate property funds which would mean that your husband would not be entitled to an interest therein.
Answered on Apr 02nd, 2013 at 12:42 PM

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