QUESTION
Can my wife take my home during the divorce?
Asked on Aug 05th, 2013 on Divorce - California
More details to this question:
My father bought me a home, where my name, as well as his, is listed as owners of the property. Within a year, I married my wife who has been staying there with me without three kids. We've been married for four years now and I’m considering a divorce, but I’m afraid she may win the home during the divorce. Is she entitled to my home since we shared it during our marriage? Lastly, she never worked during our marriage, I've been supporting her. Please advise. Thanks!
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is very doubtful she would be awarded the home. Devotes are fact driven.
Answered on Aug 05th, 2013 at 8:35 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If it is still partially in your fathers name it is unlikely that she will be awarded the house.. or she would take it with our father owning half of it.Generally a court cannot affect your father's interest in the property unless he is also a party to the case.
Answered on Aug 05th, 2013 at 7:23 PM
Family Law Attorney serving Newport Beach, CA
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In California, if you remained on title with your father and did not change the title to include wife then the house remains your separate property. The issue that you would be concerned with is that most likely you used community property earnings from your job to pay the monthly mortgage. If you are paying more than interest each month on the mortgage payment, then the community may be entitled to some interest in any increase in value of the home over the last four years that you have been paying the mortgage. This would be a calculation called the Moore/Marsden interest. You should contact your local family law specialist to assist you in evaluating the issue. It sounds like the worst case you could anticipate from the scenario you provided is that you may owe wife some contribution payment, but that the house remains yours and your father's.
Answered on Aug 05th, 2013 at 7:22 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If you were given the home before marriage, then it is separate property, but she may be entitled to buyout on a pro-tanto interest in the property if you were making mortgage payments during the marriage. Living at a residence doesn't give someone property ownership rights.
Answered on Aug 05th, 2013 at 7:22 PM