QUESTION

California Property Ownership and Marriage

Asked on Jun 01st, 2016 on Real Estate - California
More details to this question:
Man bought home before marriage as sole and separate property. Now he's married. He's refinancing in his name only. She must sign interspousal deed. Title will now read "xxx, a married man as his sold and separate property". His paycheck goes into an account with his name only. He pays the mortgage from that account. No co-mingling of funds. Does she have ownership interest in property?
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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Yes, she probably does had a one-half interest in the home.  Earnings during marriage are community funds.  When those earnings are used to pay for a home that they both live in, then it is possible to transmute the home into a community asset.
Answered on Jun 02nd, 2016 at 11:39 AM

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