Legal Question in Family Law in California

My spouse had property before marriage. Spouse had renters in the property who paid for the mortgage. Spouse sold the property last year and made money above what he paid for the property. We are now divorcing (7 year marriage). Would I have any right to the equity of the sale during the time we were married? Spouse claims it was still his separate property. If renters paid enough money to cover the mortgage payments is that still considered Spouse's own separate property or would it be community property and would I have a right to 1/2 of that sale of the property?


Asked on 10/20/16, 10:38 am

1 Answer from Attorneys

You would definitely not have a right to half. Separate property AND any financial proceeds that come from it remain separate property unless commuted into community property by gift, comingling beyond the ability to trace, etc. So the property and the rents and the payments made with the rents were all your husband's separate property, as are the proceeds of the sale. Depending on all the facts and details, the best you might be able to do is cobble together a claim for reimbursement of any community assets that went into the property during the marriage. For example, if wages or other earnings from work during the marriage were used for improvements to the property. If he actively managed the property, there may also be some claim for his labor as a community contribution to the separate property, but that kind of claim is usually reserved for things like a business that one spouse started before marriage but grew and prospered due to the work of the spouse as an employee/owner over the years.

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Answered on 10/20/16, 2:16 pm


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