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