Legal Question in Family Law in California
Bifurcation
If bifurcation is granted and the ex-husband then purchases a house with non community funds, does the ex-wife have any interest in the new purchase?
2 Answers from Attorneys
Re: Bifurcation
The issue of whether non-community funds were used is something that you should discuss with an experienced family law lawyer. If in fact non-community funds were used, and the purchase was made post separation or post bifurcation, then you would not have a community interest in and to the real property.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Bifurcation
California community property laws provide that when a husband and wife separate with the intent of disolving the marriage, all wages and other property acquired is their separate property. The date on which the parties separated is subject to some debate.
Unless the marriage has been dissolved the lender will not doubt want a quit claim deed or some other written statement from the soon to ex stating that she has no interest in the property.
You should discuss the specific circumstances of your case with a family law attorney, as it may be different than the usual circumstances.