Legal Question in Family Law in California
Do you qualify for a Summary Dissolution of Marriage in California? one of the requirements is :
You and your spouse:
do not own or have an interest in any real estate (house, condominium, rental property, land, or a 1-year lease or option to buy); .......
My wife wants to divorce with me. She does not own any estate. I bought (own) a house before marriage. No improvement to the house. I put my own down payment and pay mortgage and all home expenses (etc. utilities�) ..can she qualify? thanks
1 Answer from Attorneys
No. First off both spouses must qualify. You do not, because you own real property. In addition, if you have paid the mortgage and expenses out of income earned during the marriage, there is a community property reimburssement interest in the house (called a "Moore-Marsden" claim) that will have to be sorted out in the property distribution.
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