Legal Question in Family Law in California

California Divorce: The house was mine before marriage. During the marriage it was refinanced taking out $18,000 in equity which was applied to community property debts. At time of separation there was $6,000 more owed on the house than at the time of marriage. Is this $6K classified as a community property debt? If there was $6K less owed on the house it would be a community property asset.

The house is still only in my name due to an inter spousal transfer to enable refinance.


Asked on 10/10/10, 11:48 am

1 Answer from Attorneys
Gary R. White Burton & White

There is likely a community property interest in the residence, but further facts would be needed to determine the extent of the interest. The fact that title remained in your name alone means that the residence remains your separate property.

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Answered on 10/15/10, 3:39 pm


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