Legal Question in Family Law in California
I purchased a house in 1995. Got married in 2000. Refinanced the same house in 2005 and added husband to the deed. Now divorcing and husband wants half the equity of the home I owned 5 years before we were married, what's the law.
3 Answers from Attorneys
Law says by putting him on the deed you presumably made a gift to the community of your separate property. That presumption is rebuttable, if you have evidence of contrary intent. Most likely outcome is you would be awarded a credit for your down-payment and any pay-down of the mortgage from 1995 to 2000, and the value (not cost) of improvements in that time, and then the remaining equity would be split. Each case turns on the exact facts and evidence though, so your entire situation would have to be evaluated by a local Family Law attorney to really know where you stand.
Mr. McCormick is correct. If you are seeking representation, please don't hesitate to contact me.
BARRY BESSER
www.besserlaw.com
It sounds like you made a gift of your separate property to the community.
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