Legal Question in Family Law in California
My fiance' has saved $500k. After we get married, she plans to purchase a house for us to live in with that money. Will I be entitled to half interest in the property should we get divorced in the future, though the money she used to purchase the property was earned before we got married?
1 Answer from Attorneys
No, not unless she intentionally converts it to community property after the marriage.
When real estate is purchased before marriage it remains the separate property of the spouse that purchased it, subject to reimbursement claims to the extent community funds are used to increase the net value of the property. So earnings during the marriage that are used to pay down the principal (but not interest) on any mortgage are subject to a community reimbursement claim. Likewise community funds used to make improvements that increase the value (but not maintenance costs) are subject to reimbursement upon divorce. You would be entitled to 1/2 those amounts.
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