Legal Question in Family Law in California

would this situation qualify as separate property?

I purchased a condo as a single person before I was married. My girlfriend (at the time) and I lived together in the condo as single people. She paid me rent each month.

We then got married and remained living in the condo for a short time.

I sold the condo and bought a house that we now both live in.

The down payment for the house in question was taken entirely from the equity I gained in the condo.

For financial reasons, the title on the new house was put in my name and my wife signed a quick deed to take her off the title.

All the financing is in my name. I write the checks to the banks every month. Our checking accounts are separate and our paychecks go into our respective accounts. We have never co-mingled our cash.

We are now getting divorced. We've been married just over a year and been in the house for 9 months. The legal advice I've received (from an attorney) states that my wife has no right to the equity in the house. The down payment came from my separate property and so the house is separate property as well.

I'm looking for a second opinion. Does the house qualify as separate property or is it community property, or something in between?

Any help would be greatly appreciated.

2 Answers from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?