Legal Question in Family Law in California
Divorce Settlement
I am hashing out a divorce settlement. I owned a house when we got married 20 years ago and when we sold it there was $54k in equity which is considered mine. Do I get to add any interest to this over the 20 years. The $54k was invested into another house.
1 Answer from Attorneys
Re: Divorce Settlement
The answer depends on all the relevant facts. You may consider the $54,000 yours, but under California law whether it was and still is your separate property depends on various things. When you say "add any interest" it sounds like you did not keep those funds separate. If you mixed those funds together with community property, you probably are only entitled to half. Even if you and your spouse want to complete your divorce without being represented by attorneys, it might be wise and in your best interest to retain an attorney to consult with privately before you negotiate a settlement.
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