Legal Question in Family Law in California

Who gets the house,I work and pay the mortgage she doesn't


Asked on 10/20/11, 9:14 pm

2 Answers from Attorneys

There is no way to answer that question without a full review of the financial and family situation, and even then there is usually more than one way it could go. Unless you are prepared and able to pay the mortgage, half of all other bills, and alimony, however, the answer will most likely either be she gets it, or it gets sold.

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Answered on 10/20/11, 9:58 pm
Anthony Roach Law Office of Anthony A. Roach

That depends on a lot of facts that you don't provide. Those facts include how title is held, when the property was purchased (ie during marriage) how the property was purchased (tracing the source of the money, etc.

California is a community property state. All property acquired by the parties from the date of marriage to the date of separation is community property, except for inheritances or gifts. The fact that you work, is irrelevant. California treats your earnings as community property, even though she stays home.

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Answered on 10/21/11, 10:15 am


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