Legal Question in Family Law in California

I had a house purchased before I married,if I divorced, can my husband get half of the house?should we sign any thing to make it clear that property is not "community property"?


Asked on 6/21/10, 8:55 am

1 Answer from Attorneys

He will almost certainly not get half. If you have a mortgage, however, or if you do any remodeling or other work that improves the value of the property, he could be entitled to a reimbursement of half of some or all the money that was put into the house. I say "some or all," because there is no reimbursement for community funds spent on expenses of the house, only on increasing the value. So the interest on the mortgage payments is not reimburseable for example, but the portion of each payment that went to principal is reimburseable. The cost of replacing a broken water heater is not reimburseable, but adding a bathroom is. So that is what will happen if you divorce and have no agreement to something different. If you want community funds that are put into the house to be unreimburseable, it gets complicated, because there has to be evidence that each payment was intended to be a gift from the community to you as separate property.

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Answered on 6/21/10, 12:11 pm


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