Legal Question in Family Law in California
Community Property
If a couple divorces after 9 years of marriage and their house was purchased 2 years before marriage by the husband, does the wife receive any monies (interest or otherwise) from the sale of the house?
She is disabled and unable to work and provide for herself.
2 Answers from Attorneys
Re: Community Property
Yes, she has acquired a community interest in the house which is calculated to be one-half of the principal (not interest)paid down during the marriage plus a reasonable rate of return. If the house tripled in value over the duration of the marriage, the reasonable rate of return would probably be 300%.
Re: Community Property
There is some interest in the house. Based upon her disability she really needs an attorney. I am sure that there are many more questions that she has and she will be more comfortable when she has had competent advice. Good Luck, Pat McCrary