Legal Question in Family Law in California
I purchased a house in April 2010 with money for the down payment which I withdrew from a 401k plan I had through my employer. I'd been married for 15 years at the time of purchase. Both of us were working, neither having been deemed an at home parent or spouse. The house deed was recorded in my name as "her sole property, as a married woman". Is the house part of community property or does it below to me as non-community property. the 401k was only contributed to by me during the marriage. I am seeking a divorce.
2 Answers from Attorneys
Generally, all assets or debts obtained during a marriage (between the day married and the day separated), are community property. The exceptions are assets and/or debts received as a gift to one spouse or received as an inheritance. It does not matter whose income was used to purchase the item or whose name is on title. All community property assets or debts must be divided equally among the parties.
It sounds to me like you made a gift of community property to yourself, which is a huge no-no. Your 401K appears to be entirely community property, and was used to purchase a house which you put in your name. I would have to evaluate how you took title, to determine whether there was a valid transmutation from your husband.
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