Legal Question in Family Law in California
Splitting property owned together before marriage, now divorcing
My husband and I purchased a house together in '96. Since he paid the majority of the downpayment and closing costs, we listed our partnership on the deed of trust as 75% (him) and 25% (me) ownership. We married in '98 and refinanced the house. The deed of trust shows us as married and ownership of the property is equal. Now that we are divocing, is the property split equally or is he entitled to the difference in money he put down on the property? Thanks!
2 Answers from Attorneys
Re: Splitting property owned together before marriage, now divorcing
If the funds can be traced he is probably entitled to his contribution.
Re: Splitting property owned together before marriage, now divorcing
To supplement the reply of Mr. Koury, when you say that your husband provided a portion of the down payment, what was the source of this payment. If the money was acquired during the marriage through his employment it is presumed to community property. You should discuss the source of this money with an attorney.
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