Legal Question in Family Law in California
Spouse's Ex trying to claim my home
My husband's ex wife has just filed a Motion to Join me to their on going family court battle. I bought a home before marriage (under my name. 100% my money. I make the mortgage payments) and she is trying to get half of my home by claiming he has some stake in it and it should be considered ''martial property'' from her marriage. Does she have a leg to stand on? Every thing is still in my name (maiden).
2 Answers from Attorneys
Re: Spouse's Ex trying to claim my home
Her claim should be limited to reimbursement to the community of community property funds used in the acquisition of the property. It's not a claim to an ownership interest.
Even there, if that community property was used simply to help take care of his every day needs and he didn't otherwise have a separate property source to cover it, it wouldn't be reimburseable. If your husband is contributing toward monthly expenses, if he does that out of his current separate property income, the ex has no claim, and whether he's paying 1/2 the mortgage and 1/2 the bills, that doesn't mean he's buying into the property, it depends upon the deal between you and your husband.
Re: Spouse's Ex trying to claim my home
Her claim should be limited to reimbursement to the community of community property funds used in the acquisition of the property. It's not a claim to an ownership interest.
Even there, if that community property was used simply to help take care of his every day needs and he didn't otherwise have a separate property source to cover it, it wouldn't be reimburseable. If your husband is contributing toward monthly expenses, if he does that out of his current separate property income, the ex has no claim, and whether he's paying 1/2 the mortgage and 1/2 the bills, that doesn't mean he's buying into the property, it depends upon the deal between you and your husband.
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