Legal Question in Family Law in California

Depending on how long ago you bought it, she probably has some cliam to it. The basis for the claim and how much of an interest she could claim is impossible even to guess without a lot more details about the purchase and all your financial transactions regarding the house since then.

It depends on more facts, and things that may or may not have happened yet. Courts tend to look to title for a presumption of whether property is community or separate property. The language in the deed is relevant, as is any prenuptial or postnuptial agreements you entered into with your spouse. The current rule from the Court of Appeal is that a deed from one spouse to another during the marriage is supposed to trigger a presumption of undue influence over the spouse that gave up the property interest, but I have seen the trial courts applying this rule in a hit or miss fashion lately.

Even if the property is found to be separate property , if community income was used to pay the mortgage, or improvements to the house, the community will acquire an interest in the property, to the extent the improvements or mortgage payments increased equity in the house.