Legal Question in Family Law in California

My Husband and I have been separated for 10 years, we never got divorced. We are both in committed relationships now and I am planning on buying a house with my boyfriend. However since I am legally married, is it community property and can he fight to get the house?


Asked on 10/10/16, 2:00 pm

1 Answer from Attorneys

Whether it is community property or not depends on the source of the funds for the house. Cash and assets from when you were together would have to be traced. Also you set yourself up for a fight over when the marital community terminated. The short and simple answer, though, is that it would be a really bad idea to buy real estate without at least filing for divorce and getting some really good legal advice on how to structure things.

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Answered on 10/11/16, 9:47 am


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