Legal Question in Family Law in California

I filed for divorced 10-2011 (Married in 3-2008); my-ex is trying to take my property from me. Like my vehicle, it�s in my name and bought in 2006. But the complicated thing, a house was kind of inherited to him (mother's death) but was in probate until 9-2009. We both refinanced the house in10-2008 which the remaining balances of my car and his car was paid off, but I was the primary borrower on the loan. The questions are: will he have rights to take away my car from me? And am I in title to half of the property? I am really scared.


Asked on 5/14/12, 12:02 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It sounds to me as though the car is yours.

The house on the other hand, appears to be community property. The fact that it was inherited by your husband meant that it started out as his separate property, but you mention that it was refinanced and you were the primary borrower on the loan. So it sounds to me as though at some point, the property was "transmuted" by a transfer from his separate property to community property. Additionally, if community funds, such as earning of either spouse during marriage were used to reduce the principal by paying the mortgage, then at the very least the community would have acquired a pro tanto (for that much) interest in the property.

I do suggest you speak to an attorney at length, if only for a consultation and go over these issues.

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Answered on 6/07/12, 5:46 pm


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