Legal Question in Family Law in California

Entitlement to investments in Separate Property

I have been married for just over one year and my spouse wants a divorce. She co-purchased a condo with her ex-husband a year prior to our marriage (while we were still dating). She currently resides in that condo paying a "reduced rental fee" to her ex-husband. The condo is legally in both of their names and she has told me that her intentions have always been to purchase the condo from her ex-husband and that it would be good for "us." I want to know if I am entitled to any portion of the equity that was put into this condo by renters SINCE our marriage. How about money that was put towards her 401K plan at work. She lived in my home, did not help share the rent and bills.


Asked on 7/06/00, 12:51 pm

3 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Entitlement to investments in Separate Property

The same is true with the 401k

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Answered on 9/08/00, 12:34 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Entitlement to investments in Separate Property

The community estate is entitlted to a pro rata interest in the condo for the percentage of principal paid on the condo during marriage.

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Answered on 9/07/00, 6:35 pm
Edward Lindley Edward Lindley, Attorney at Law

Re: Entitlement to investments in Separate Property

1. It sounds like there was no community "input" re the condo, either money or time, therefore nada re the condo interest.

2. Re the 401K K, yes.

3. As to her lack of contribution towards your expenses during the marriage, obviously you found this satisfactory since you did nothing to change it. On the other hand, she is liable for one half the community bills.

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Answered on 9/12/00, 5:01 pm


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