Legal Question in Family Law in California

Re: Marital home division, I owned it before married

As far as the house, based on the facts you presented it is your separate property and she gained no property interest in it by marrying you. As long as it is titled in your name alone, she would only be entitled to 50% of the amount the PRINCIPLE was paid down during marriage, probably not much.

As for the stocks, there are other questions that need answers to determine the division. After filing and serving the Petition, you would want to make a Request for Production of Documents to obtain the info on the stocks. That's the short answer on it.

Reply: Marital home division, I owned it before married

In a general sense, the house starts off as your separate property as you acquired it prior to the marriage. Assuming that you have never put her in title, the community has developed an interest in your separate property residence based upon a "Moore-Marsden" calculation which is basically the percentage that the mortgage balance was reduced during the marital period times the increase in value during the marital period.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: Marital home division, I owned it before married

If owned prior to marriage, she may be entitled, depending on monies used for payments,etc., only to portion of value since marriage. Re stocks, call to discuss all. Need more info not included in your question.