Legal Question in Family Law in California

if i owned proverty before marriage and my spouse is not on the deed. does spouse have any rights, in california


Asked on 4/06/11, 6:29 am

1 Answer from Attorneys

Most likely, yes. Your income during the marriage is community property. If any of your community property income is used to increase the net value of the property, the community obtains an interest in that property. This includes the pay-down on the loan from monthly payments, and any improvements you may have made to the property. The interest obtained is the amount by which the community contribution increased the value of the property, however, it does not buy the community a percentage interest in the property. Your spouse is entitled to 1/2 of the community's interest. Only if the property was completely self-supporting, such as a profitable rental property, or you paid for everything out of other separate property, would the spouse be entitled to no interest at all.

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Answered on 4/06/11, 10:23 am


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