Legal Question in Family Law in California

Re: post nuptuals and property

If you are married, then all property aquired during the marriage is community property. Since the house was aquired before the marriage, the home is your husbands seperate property. However, if you were to divorce, the community estate would be entitled to a pro rata share of the home's principal that was paid down with community income.

In other words, community property is an undivided 1/2 interest in property that was aquired during the marriage.

In this case, if you were to divorce, you could claim 1/2 of the value of the home that was paid with community income.

Are you planning on divorcing?

Reply: post nuptuals and property

In a general sense, because the property was purchased by your husband prior to the marriage, it is presumed to be his separate property. If payments are made from money earned during the marriage, the community has an interest in his separate property. It is called a Moore\Marsden Calculation, assuming that you have never been placed on title.

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