In California, your soon to be ex-wife would be entitled to one-half of the community property interest in all assets acquired during your marriage of 3 years. As for the home, that asset would be presumed to be your separate property asset as acquired prior to your marriage. The community has gained an interest in the property equal to the pay down of the principal for those 8 months. Therefore, your ex-wife would be entitled to one-half of that pay down interest. Now with that said, this specific analysis is quite "number specific," dealing with all values from the date of purchase through the date of division of your community estate that would create this community property percentage interest in that small piece of equity for those 8 months. You do have to be aware of the community's right to reimbursement for 3 years of you paying on your separate property obligation (the mortgage) with community property funds (your pay check). As for other debt paid during your marriage, the answer depends on when the obligation was incurred: prior to or during your marriage. That date of incurrence determines whether a separate or community property obligation and the parties' respective rights as to reimbursement for payments made during the marriage. Your marriage was short term (less than 10 years). If able to work together, I would recommend mediation.
Answered on Oct 23rd, 2013 at 2:27 PM