Legal Question in Family Law in California
spouse legal right to property
I had inherit a house after parents died about 10 years ago, and have since then got married about three years ago. Question is if I ever get divorce will my spouse get half of the house? her name is not on the house and she do make contributions to the house, pay on gas, water and electric bills etc. the house is paid off but I pay the taxes on the house. We lived in the state of California and my name is on everything because she moved into my home. We do not have any joint accounts other than car insurance together.
2 Answers from Attorneys
Re: spouse legal right to property
Generally, property received by will is considered your separate property. However, if you contributed income you earned during marriage to pay off any of the principal of the mortgage, then she may have an interest in the home. If you file for divorce and get an attorney, you'll be asked to provide more details. Good luck.
Re: spouse legal right to property
The house remains your separate property until you sign it or a portion of it to another person. The may be some reimbursement credits for the spouse, but it doesn't sound like much. Your earnings during the marriage community property, therefore anything acquired by your earnings is community property. You should retain an attorney if a divorce is filed. Good Luck, Pat McCrary
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