Legal Question in Family Law in California
I invested $45,000 as a down payment to purchase a home with my husband. He made a $10,000 cash withdrawal from his credit card to put toward the down payment. We lived in the house for 8 mos before filing for divorce. He now wants 50% of any equity when I refinance to put house in my name only. I say he's not entitled to 50% until after he reimburses me for half of down payment. I understand that I have a rightful claim under martial law. Please advise.
2 Answers from Attorneys
It just depends. If the house was meant to be community property then he is entitled to half. If it was not meant to be community property and bought with separate property then he is only entitled to his portion of the equity based upon his down payment.
Assets and debt purchased or acquired during the marriage Since the house was purchased during the marriage it is presumed to be community property. That also means that the funds that he borrowed on his credit card are a community debt. You should have the matter reviewed by a family law attorney who can help you find the most inexpensive way to get the house into your own name. Good Luck, Pat McCrary
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