Legal Question in Family Law in California

Re: property entitlement

Dear Inquirer:

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NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry; however, presuming you and she continue to live separate and apart (i.e., do not reconcile) I would say probably not. It depends however upon the source and/or charaterization (community/separate) of the funds you use to make the purchase.

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

Reply: property entitlement

Assuming that you do not use community property to purchase the real property, it would be your spearate property. Property purchased after the separation is presumed to be separate property, and the presumption is rebuttable.

I suggest that you consult with an experienced family law lawyer on the specific details of your contemplated transaction.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net