Legal Question in Family Law in California

Reply: Divorce-Home in Trust for Children

In a general sense, if the property was not acquired during the marriage, and your spouse is not on title, then the property is presumptively not community property. However, the community may have an interest in the property based upon the payments made during the marriage, maintenance repairs and improvements. This issue is commonly referred to as a Moore-Marsden calculation by family law lawyers.

Unfortunately, there are far too many variables and a lack of specifics provided to give you a specific opinion. For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com