Legal Question in Family Law in California

I want a divorce after 33 years of marriage. During the marriage, we bought the home I am living in and another home which was rented. My husband is a self-employed real estate mortgage broker and got into financial trouble in 2007-2008. In 2008, my current residence was in both names but he said I could have the home and he would take title of the rental. At the time both houses were approximate in value since he refinanced to get money out of the rental for his business. The title on my residence was transferred to me and is still in my name only. In 2009 he lost the home as he had encumbered it to the hilt and home was foreclosed on. Also in May 2008 I refinanced to pay off $80,000 of my husbands business debts and the loan on my house is in my name only.

Question. Is my husband entitled to receive half the value of my house now that he has lost the rental?


Asked on 3/02/10, 9:58 pm

1 Answer from Attorneys

You have a real fiscal knot to be undone here. You are not going to get a reliable answer to such convoluted transactions in a free bulletinboard forum like this. You have issues of transmutation of community property to separate property, . . . maybe. Without reviewing the documentation and evidence, it is impossible to say whether or not a transmutation actually occured. And without knowing if a transmutation occurred, it is not possible to say what interest if any your husband has in the house that is in your name. You need to retain counsel, and if you read my past posts, you will see that I favor self-help for family law parties whenever that is a viable option. It is not in this case.

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Answered on 3/07/10, 10:08 pm


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