Legal Question in Family Law in California

Re: How my asset is affected by a divorce

If you've lived in California or another Community Property state during the entire time, your assets from your single days will be considered your separate assets, and you'll be able to keep them provided you've kept them separate during the marriage (i.e, you haven't co-mingled funds with community funds). As for the house, although you owned it prior to the marriage, and it would ordinarily be considered separate property, because you put your spouse's name on the title she may try to claim that you made a gift to her of 1/2 of your separate property interest in the house. In addition, if you made payments on the house with community funds, your wife has a claim for "reimbursement" of the community funds for the payments made to your separate property.

For specific advice about how these issues affect your particular circumstances, you'll need to see a lawyer. If you need a referral, please give me a call. If you're interested in resolving your case through mediation, please feel free to give me a call as well. (310) 829-9722. Good luck!

Re: How my asset is affected by a divorce

You have raiseds a complicated question, specifically in regard to the stocks. If your employment during the marriage involved actively managing the stocks, she may have an interest in that these stocks.

The house would be divided basically as follows:

You would be reimbursed for the value of the house at the time of the refinancing, the increase in equity after that date would be community property.

Payment of taxes and interest with community funds is generallyy a non reimburseable expense.

The statements herein are general statements of the law and may not apply in your case.