Legal Question in Family Law in California

Divorceing and want spouse out of the house deed

We have been married for about 2 years. We are going to get a divroce. We have a house together, it has been around 3 months. I am the only one who works, she does not work at all, therefore, I am the one who pays for the payments for the property. If the house is sold it would not be beneficial because there has been a lot of investment on renovation to the house. Even though I am the only one paying the payments, both our names are on the deed to the house. My question is what can I do to keep the house for myself. Is there any way to get the other person's name off of the deed? Also, if we get a divorce would I have to pay alimony?


Asked on 9/21/05, 9:09 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Divorceing and want spouse out of the house deed

california is a community property law state, meaning even though your wife does not work, your earnings contributed toward purchase of your home is still a community property asset of her's. this is the general law, however, exceptions do exist to this rule once more facts are given in various instances. as far as support payments go, your wife may also be entitled to these, but this is normally determined by "need" and calculated thru a dissomaster. if you would like further assistance, contact us directly.

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Answered on 9/21/05, 9:28 pm


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