Legal Question in Family Law in California

My husband and I are going to divorce. We live in California. He bought our house before we were married, I moved in 1 year after he had purchased it, we married 2 years after the purchase. We finished paying off the house after 5 years of being married. Is the house considered separate or community property? Do I have any rights as owner to this house?

Thank you for your reply!


Asked on 2/07/11, 4:55 pm

2 Answers from Attorneys
Elizabeth Karnazes New York Offices of Elizabeth Karnazes

You have rights to the increase in value during teh marriage. You should hire an attorney.

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Answered on 2/08/11, 1:44 am
Anthony Roach Law Office of Anthony A. Roach

I disagree with Ms. Karnazes.

Most courts would hold that the property was separate property, with a community property interest in the portion to the extent that community property was used to reduce the mortgage payments.

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Answered on 2/08/11, 9:21 am


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