Legal Question in Family Law in California

Re: i need help!

typically title is not necessarily controlling in determining your community property interest in your marital assets. it basically just serves in an evidentiary capacity, however, what tends to more controlling regarding community property issues would be the source of the funds, the conduct of the marital parties, etc..in respect to the assets in question. the court uses a formula in determining your community property interest in respect to your marital assets, but typically earnings during the marriage that go toward acquisition of marital assets are deemed community property assets in which you would have a one half interest therein. if you would like further assistance and/or representation, please feel free to email me directly.

Re: i need help!

You are entitled to interest in the property based upon 2 theories.

From the time of the marriage until he put your name on title, you'd receive a Moore/Marsden reimbursement. This is tied to reduction of principle, so it won't be worth much if the marriage is short.

When he put your name on title, he "transmuted" his separate property to community property. Your Moore/Marsden rights then ceased, but you became half owner. He, however, is entitled to Fam Code 2640 claims. That means the equity in the home on the day he put your name on, less the Moore/Marsden claim, is his. Any remainder is divided in half.

Re: i need help!

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

In a Dissolution of Marriage, title usually is not as important as the source of funds. Your attorney will do a Moore-Marsden analysis to determine what percentage of the house is community property (and account for capital improvements, if any, that were made during the marriage). Same principle applies to most other assets (including his pension, if any). Remember, his wages during the marriage were/are community income.

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