Legal Question in Family Law in California

community property

my wife held title to the home we live in and has asked me to leave home without characterizing the outcome of taking a 'break'. we have been married for 1 year 1 month. I've incuured 10k debt for purchase of furniture for the home. I've also funded and/or made repairs and improvements to the home as well as truck owned by her that was deemed a gross polluter (not now that i have fixed it). What of any of this is community property; and do I have any claim to equity in any of this proerty, real or otherwise. how will the court rule on this and is there any case law to support this issue?


Asked on 9/25/01, 2:32 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: community property

Community property contributions (your money and effort) to separate property (her house or truck) are presumed to be a gift to her and you will need to prove that it was not intended to be a gift. Any debt incurred during marriage is a community debt, regardless of whose name the debt is in and she will need to pay you one half of that debt. The furnishings you bought with that debt is community property and will need to be split. Many times the debt goes with the property as it makes an easy offset. Good luck, Pat McCrary

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Answered on 11/08/01, 10:21 am
Ken Koury Kenneth P. Koury, Esq.

Re: community property

you likely have a small interest in the home based on the amount of your contribution.

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Answered on 11/06/01, 9:02 pm


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