Legal Question in Family Law in California

Re: How can I make up for being stupid?

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NOW, IN RESPONSE TO YOUR INQUIRY --

Title doesn't mean much in the division of community property under the Family Code. Your husband's interest in the home probably is equal to one-half of any pay down of the mortgage and/or a proportional share of the increase in value of the property duriing the marriage. Contact an experienced Family Law attorney in the county where you would file for divorce for specific advice and possible representation on your behalf. He/she can do what's called a Moore-Marsden calculation to determine what your husband would get from the house.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Re: How can I make up for being stupid?

The prior answer was somewhat inaccurate.

Assuming you used community property funds (e.g., wages) and there is no pre-nuptial agreement, to pay the mortgage, the community will be entitled to some reimbursement for paydown of the principle, not interest. In other words, the full mortgage payment is not relevant, only the portion related to reduction of the principle balance on the mortgage loan. This comes under what is known as a Moore/Marsden formula.

When you put his name on the deed, you effectively transmuted the property from separate to community. At that point, the Moore/Marsden calculation stops. The amount of equity in the home that day, less the M/M calculation, is your separate property. The increase in equity since that day is community property and will be divided equally. Family Code section 2640.

If you are sure this marriage is over, move forward now. It sounds like you'll be paying him spousal support, so you do not want a marriage of 10 or more years.

Re: How can I make up for being stupid?

from the facts given so far, it sounds like the home was your separate property long before you married this man. if that is the case, he would only have a community property interest in the home for the 8 years you were married in which community property funds (your salary per se) was used to pay the mortgage on the home. that would be his limited community property interest in your home. the fact that you put him on title would be a defense he will use to try to show you made a gift or transmutation of the home to community property to solidify his interest claims. however, his name on title is only an evidence claim or argument he may try to use, but is not conclusionary by any means. if you would like to email more specific details on this situation, title, how soon you are planning to divorce your husband, etc...i can further assist you legally and/or represent your interests to the full letter of the law in your home and pending divorce proceedings.