Legal Question in Family Law in California

a house before marriage
i bought a house before marriage, it is under my name; and i am still paying for the mortgage. so even during the marriage, i paid the mortgage with my income under a join checking account, which only MY salary was deposited there. it should consider as a separate property, because i got it before the marraige. isn't it?

Asked on 1/27/08, 8:24 pm

3 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

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Reply: a house before marriage

In a general sense, if you purchased the house prior to the marriage and your spouse was never placed on title, the house is your separate property, and there may be a community property interest in your separate property house. The community property interest, if any, is based upon a "Moore-Marsden calculation".

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 by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Answered on 1/28/08, 10:49 am

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Anne Marie Healy Law Offices of Anne Marie Healy

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Re: a house before marriage

Keep in mind that even though you were the only one earning a paycheck, your earnings are community property.

It is your separate property, but she will have acquired a community property interest in the increase in equity that accrued from the date of marriage to the date of separation, in proportion to the amount of payments made toward the principal, not the interest.

So if you were making interest-only payments, then she will not have acquired a community property interest.

Answered on 1/27/08, 8:49 pm

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