QUESTION

Sole and Separate property

Asked on Mar 02nd, 2016 on Real Estate - California
More details to this question:
I owned a house (A) prior to marriage a second was on the house and she made the 100 interest only payment never lowering the amount. in January 2015 i refinanced and rolled the second into the first loan and she signed a sole and separate property agreement even though she was never on tittle never and lived there...I made all of the house payments on the property... Does she have a right to this property and if she does, Is the value of the house calculated at the time of marriage to what it has gone up or down at the date of separation because it has gone down.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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She is entitled to reimbursement of the interest payments. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Mar 10th, 2016 at 10:29 AM

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