Legal Question in Family Law in California
Ex_wife is Concerned My Current Girlfriend May Try to Claim House
My ex-wife and I have been divorced for 9 years. She still lives in the house that we occupied during our marriage. Both of our names are still on the mortgage. She now plans to relocate and has offered to let me move back into the house and take over the monthly mortgage payments. We have agreed on how to split the proceeds between us upon eventual sale of the house in 2-5 years.
My girlfriend of two years will be moving into the house with me. We have no current plans to be married and I have no plans to place her name on the mortgage documents. However, my ex-wife is still concerned that in the event of a break in our relationship, my girlfriend might try to claim partial ownership in the house and try to receive some money from an eventual sale.
Are my ex-wife's concerns justified? Could my girlfriend demand money from the house after living in it?
1 Answer from Attorneys
Re: Ex_wife is Concerned My Current Girlfriend May Try to Claim House
I can't see how your girlfiend would have any claim to your house but if you are concerned you should have a prenuptual agreement drafted that clearly states that if you live in the house after you are married and use community property (your income) to pay the mortgage that it will not result in any community property interset in the house.
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