Legal Question in Family Law in California
Does the House get Divided?
My wife owned a house before we got married. After we got married, she would not add my name to the deed. She made interest-only payments to the mortgage from her checking account. But, we jointly paid all the other bills. The house has appreciated $300,000.00 in four years. My wife has now filed for divorce and has told me that I have no claim to any appreciation in the house, because interest-only payments were made. Is this true?
2 Answers from Attorneys
Re: Does the House get Divided?
in a nutshell, that is not necessarily true. earnings during the marriage are community property, in which you have a one half interest in under normal circumstances. if you would like further legal assistance, email us today.
Reply: Does the House get Divided?
In a general sense, the house is presumed to be her separate property if it was acquired prior to the marriage and your name was not added to the title during the marriage. Under Moore\Marsden, the community would acquire an interest based upon the reduction in the principal balance of the mortgage during the marriage multiplied times the increase in value during the marital period. One would need to know about improvements during the marriage and or refinances during the marriage before a determination of community interest could be assessed.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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