Legal Question in Family Law in California

Re: Community Property

Sounds like commingling has already occurred with regard to the condo, since mortgage payments have been paid with community property. If you have not put any money in that savings account after you married, then it is likely your separate property. You are going to need an attorney to draw up papers that you are not making a gift to the community of those funds and that it remains your separate property, just to be safe. The house itself will be community property (subject to your right to reimbursement of the $30,000)regardless of whose name is on the title and how much income anyone makes. Income earned from working by either spouse after marriage is community property. If you aren't sure about your marriage, I would not use your money to buy the house. The housing market is so bad right now, if you decide to divorce, you will have no money until the house sells. If it goes down in value, the bank could end up with all the equity and you could lose your money. Just think about it. It may be better to sell the condo and then use those funds for the down on the house.