Legal Question in Family Law in California

Re: divorce questions

It doesn't matter whose name is on the property, whether it's credit card or real property. What matters is how it was obtained and how it was paid for and what was it used for.

If your husband has a credit card under his name only, but he used it during marriage to purchase things for both of you, or for the family, then it's community property debt.

As to the house, even though it's in your name, unless you were using some separate property money, such as an inheritance, to pay for it, he is going to be entitled to some interest in the house. That is more difficult to explain, and you should see an attorney.

Re: divorce questions

You may have acquired the property before marriage, which would label it separate property, but as others have pointed out there may have been payments, improvements, etc. made with community monies. Marital real property can be a very tricky area. You need to discuss your situation with a Lawyer. We would need much more detail about your situation to determine whether and how much your husband will be entitled to after your divorce.

Feel free to contact me.

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Re: divorce questions

Let me try. So any debt acquired during the marriage, regardless of the name on the account, is community and both spouses must repay. Assets acquired before the marriage are presumed your separate property. It remains your separate property. You may need to use your separate assets to pay your share of the community debt.