Legal Question in Family Law in California

Assets Before Marriage

I bought my first house with mutual fund assets prior to getting married, are those funds mine in a divorce. Also, we bought a new house 11 years later. I liquidated a mutual fund that was only in my name and nothing was put into the fund while being married. Are those funds mine as well. I have read that if funds are owned by 1 party prior to marriage they remaining that parties funds. But I have also read if funds are commingled that can make it a different answer. Not sure if putting them into the house makes them commingled. Again, my wife never had her name on both of these funds and nothing was put in while married. Please advise. I do live in California.

Thanks.


Asked on 9/19/05, 7:48 pm

1 Answer from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Assets Before Marriage

In a general sense, the answer to your questions is yes, your separate property funds can be preserved, provided that you can document in a paper trail what you have stated.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 9/19/05, 7:52 pm


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