Legal Question in Family Law in California
Property ownership
Do I have any claim to the house I lived in with my wife if my name is not on any deed? We refinanced it while we were married but she wouldn't put my name on it because I pay child support to my former spouse and she was afraid of the DA taking money from her too. If I have no claim to it, can she make me pay any part of the equity loan she took at the time of refinancing? She filed for divorce and is suing me in small claims court too for money she calims she loaned to me. She owns everything we purchased during marriage and wants me to pay for it. Can she do this? Thank you for your time.
2 Answers from Attorneys
Reply: Property ownership
There is probably a community property interest in and to the real property, however, I would need more information from you before I could provide you with an opinion.
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 family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Property ownership
The answer is not as easy as it seems. It isn't simply a matter of what the title says. You would need to talk to an attorney who could trace the source of the funds, look at papers, etc. The GENERAL rule is that any money earned during the marriage is considered community property, regardless of title. There are exceptions, however, and as I have said, you should speak to an attorney.
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