Legal Question in Family Law in California

Whether he would have a claim depends on what they do after they are married. Earnings during a marriage are community property. Savings, a townhome and other assets acquired before the marriage remain separate property. The issues arise when they are comingled. If she has a mortgage on the townhouse and makes payments during the marriage, the marital community acquires a right of reimbursement in the event of divorce. How much that reimbursement is and how it is calculated is a bit complicated, but it is not dollar-for-dollar, because the portion applied to interest is considered an expense, not acquisition of the asset. Over enough years, however, the reimbursement can become substantial. The 401k is a similar situation. The earnings that go into it after the marriage and the gains on them are community property and would have to be divided in case of divorce. The portion in the account before the marriage would remain her separate property.