Legal Question in Family Law in California

Re: Divorce rights

You have a financial interst in the home from the date of marriage. The nature of that interest may have changed (increased) when you refinanced if your name was also added to the deed and/or based on other facts. You should consult with an attorney regarding the facts of your case. The name on the loan does not alone determine ownership interest in the home or responsibility for maintainng this asset from a family law perspective - responsibility to the lender is another story. In other words, if your concern is that you leave your husband you will be saddled with sole responsibility for the mortage, that may not be the case. Depending on relative income, you may be able to get orders allocating responsibility for expenses, or to sell the home if that is necessary.

Re: Divorce rights

I would need more information to tell you what your rights are in this divorce regarding this property. It is highly dependent on what you want and need, and what your husband wants and needs. This can be a cumbersome task to figure out, and an attorney is recommended. If you need help at a reasonable rate my office may be able to help you.

Regards,

Joshua Hale

619.866.3535

Re: Divorce rights

It is presumed that any property acquired during the marriage is community property regardless of whose name it is acquired in. This means that you probably own 50% of the house. Once your name was put on title, that made you a 50% community property owner. If you owe more on the house than the equity in it, that makes you 50% liable.