Legal Question in Family Law in California
property ownership between spouses
My husband and I live in California. We have been married for 33 years. We have lived in separate houses for about 6 years, but it is not a legal separation. We sold the house he was living in in Los Angeles that we owned (joint title) for about 20 years. He bought acreage in Oregon with the proceeds (with my approval). However, I was not included in the escrow and my name is not on title. We are both on title of all other property that we own (all in Calif.), (2 rental properties and my house). He is building a house on the Oregon property and will move there when it is completed. My question: Should my name be on the title of the Oregon property or is it considered community property even without my name on it?
1 Answer from Attorneys
Re: property ownership between spouses
Your question relates to Oregon law not California law. The law of the state in which the real property is located governs. In this case that would be Oregon. The money used to purchase the land and build the house would appear to be community property. Oregon is not a community property state. The laws there would be much different than for a community property state.