Legal Question in Family Law in California

If my wife and I by a house while Married and my name is not on it can I still make her sell it and get half


Asked on 11/04/14, 6:04 pm

2 Answers from Attorneys

John Molina Jr. Law Offices of John Molina

California is a community property state. Everything acquired during the marriage that is not through inheritance, gift or similar manner, is considered community property of both spouses. Thus, even if the name on a real property is not placed under one of the spouses, does not mean that the non-named spouse loses out on their community property claim to said real property.

In order to make an assessment of your particular case, you need to speak to a competent and professional attorney that practices in the area of family law. If you are interested in speaking with an attorney that will do just that, contact our office for a no-obligation consultation at (888) 790-5053 and/or visit our website at coronacalawyer.com.

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Answered on 11/04/14, 7:17 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Yes, because California is a community property state. Just because your name is not on the title does not mean half the property is yours. It gets technical: for example, did your wife purchase the house solely with her own separate property (like an inheritance or gift from her family) or money she accumulated before marriage and never commingled into the community property? This is why divorce attorney's are in such demand. Some of this stuff is not "cut-and-dry".

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Answered on 11/05/14, 8:22 pm


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