Legal Question in Family Law in California

A house was taken over due to death, but later was refinanced by both, ex and myself.. Question is: getting divorce are we both entitle to the home since we both are on the deed and loan irregardless if he stating its a inheritance?


Asked on 5/31/12, 8:14 am

3 Answers from Attorneys

By taking out a community debt loan and putting your ex on title, you definitely created some community property interest in the house. Whether it was fully commuted to community property or only a community right to reimbursement was created, depends on too many facts and details to answer in an Internet Q&A format. You should consult a family law attorney in your area.

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Answered on 5/31/12, 8:25 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. The fact that you are both on the loan indicates to me that you are both on title. Lenders want all owners to sign the promissory note and the deed of trust to avoid problems with foreclosing on a fractional ownership. You need to speak to a competent family law attorney.

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Answered on 5/31/12, 8:45 pm


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