QUESTION

If my name is on the title, do I get half of it?

Asked on Jul 08th, 2017 on Divorce - California
More details to this question:
We have a house my husband bought few months before marriage. He claims that this is his personal property not community property because he bought it few months before the marriage. But the mortgage payments were made during our marriage and my name is on the title.
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2 ANSWERS

Family Law Attorney serving Fountain Valley, CA at Law Office of Edwin Fahlen
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No you do not automatically get one-half. This will be an accounting procedure to determine the 2-interests in the property. Your husband would get the equity before marriage and you would get a portion of increased equity. This can be a very complex accounting depending on many factors, far to lengthy for a short answer like here. When you are dealing with fragile economic issues in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
Answered on Sep 25th, 2017 at 6:21 PM

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Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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There is a joint title presumption if you are on title to the property. Also, if the community was paying the mortgage loan the community would also have an interest for that reason. Unless there is other evidence that you and your spouse did not intend to be equal owners, you would probably be half owner. If either of you put in a down payment, that person may be entitled to a reimbursement.
Answered on Sep 25th, 2017 at 6:21 PM

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