QUESTION
Can the house be considered separate property if purchased before the marriage and the bank still owns the deed?
Asked on Mar 08th, 2013 on Divorce - California
More details to this question:
The title is not yet in the wife's name. Both parties agreed to the divorce.
9 ANSWERS
John Arthur Smitten
Yes this would be non marital property.
Answered on Mar 11th, 2013 at 8:31 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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If you owned your home before your marriage, and agreed to keep your property separate, than the home will remain your separate property in the divorce. However, if you did not agree to keep your property separate, your wife may have a partial community interest in any appreciation of the home that occurred during the time of the marriage.
Answered on Mar 11th, 2013 at 8:22 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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You need to hire an experienced family law attorney like me. The answer to your question is yes. The home is non-marital property if it was purchased prior to the marriage. The fact that a mortgage exists on the home does not change the nature of the property is non-marital.
Answered on Mar 11th, 2013 at 7:54 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Can't answer this question with certainty based upon the facts given. Even if property only in the name of one spouse, the community may have an interest in the property if mortgage payments or improvements made with community money.
Answered on Mar 08th, 2013 at 11:18 PM
Whether or not the property is separate or mixed depends upon whether or not any community property has been used to pay the mortgage or make improvements. You should consult a family law attorney to review all of the facts and advise you.
Answered on Mar 08th, 2013 at 8:12 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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How long were you married and did you live in it as the community homestead? These are questions that you need to discuss with an attorney.
Answered on Mar 08th, 2013 at 4:50 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The house may be separate property but the community may have an interest in it for making the principle payments and possibly improvements. The community is probably entitled to a portion of the houses value principal payment and percentage of appreciation based thereon. You should talk to an attorney. There are cases in California that mandate certain formulas be used depending on the facts, refinancing, etc.
Answered on Mar 08th, 2013 at 3:02 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Assets purchased before the marriage are separate property. However, there may be a claim made for reimbursement related to payments made on the mortgage debt from community property - the judge may or may not recognize such a reimbursement claim as part of the final orders. I suggest you hire a lawyer.
Answered on Mar 08th, 2013 at 2:33 PM
If the house was purchased and paid for in full prior to marriage it is the purchasers separate property. If payments were made on the mortgage during the marriage, the other spouse is entitled to some reimbursement for those payments under a line of cases known as Moore-Marsden. Talk to an attorney familiar with family law to get more details and to protect yourself.
Answered on Mar 08th, 2013 at 2:24 PM