QUESTION
Is he able to get some community property money from the house?
Asked on Feb 26th, 2013 on Divorce - California
More details to this question:
I bought a house being married but I bought with money from a previous property I owned before being married. My husband name is not on the new house title. We are getting divorce in California.
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Probably not, but it depends on more factors than you have mentioned.
Answered on Mar 06th, 2013 at 12:26 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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He may have a slight interest depending upon whether community funds were utilized to reduce the mortgage. You should contact?a local fanmily law attorney for more specific assistance.
Answered on Feb 28th, 2013 at 4:13 AM
If any payments were made on the house from either party's earnings during marriage, the other spouse is entitled to some reimburse for those payments.
Answered on Feb 27th, 2013 at 8:15 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Possibly for the amount the community paid towards the principal pay down and a pro rate share of any appreciation.
Answered on Feb 27th, 2013 at 7:43 PM
If no community money was used to pay for or improve the house, then the house is your separate property. If there was then the house is a mixed asset, both community and separate. He would then be entitled to his half of the community interest.
Answered on Feb 27th, 2013 at 7:25 PM