Legal Question in Family Law in California
Property Settlement
I got married four years back and I had a house under my name at that time from a prior marriage. I put my husband's name on the loan after the marriage and he paid mortgage on the loan for four years (I was not working). About four months back I refinanced the loan and took my husband's name out of the new loan. In the last four years the house value has increased by $200K. Now my husband has filed for divorce and he is asking for a stake in the appreciation in the house value. Does he have any stake in the house?
2 Answers from Attorneys
Re: Property Settlement
The community (each person has an undivided 1/2 interest in community property) would be entitled to a pro rata interest in the appreciation of the house during marriage. In other words if the house increased in value 200k during the marriage, then 200k would be the pro rata portion that would be divided in Court. Your main problem would be showing that you have not transmuted your entire property to community property by whatever documents you put him on. We do family law in Southern and Central California. You can go to our website at www.divorce-legal.net and read the section on community property. If you need a lawyer contact us or give us a call.
Re: Property Settlement
THAT IS A QUESTION THAT CANNOT BE ANSWERED WITHOUT REVIEW OF THE FACTS AND DOCUMENTS SURROUNDING THE TRANSACTION. YOU HUSBAND'S NAME MAY BE ON THE LOAN, BUT WAS IT ON THE TITLE? DID HE SIGN A QUITCLAIM DEED TO THE HOUSE WHEN HE WAS TAKEN OFF OF THE LOAN? WHY WAS HE TAKEN OFF OF THE LOAN? GET A CONSULTATION WITH A FAMILY LAW ATTORNEY WHO CAN GO OVER THESE FACTS AND THE DOCUMENTS AND GIVE YOU GOOD ADVICE. GOOD LUCK, PAT MCCRARY
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