Legal Question in Family Law in California
My wife and were married 07/04/2011, My wife completed the purchase of our home earlier in the year, 05/ 20/2011; and we moved in our home the same day. During a recent discussion about the possibility of ending our relationship, my spouse feels that since she purchased the home in her name only; that I have no rights to our home and shuokd leave upon her request without any recourse for my interests in our home and marriage. I am asking if she is correct and I have no rights or interests in our home. I have no home ownership in our home.
2 Answers from Attorneys
She is incorrect. Title does not characterize a property. What matters is WHEN the property was acquired - before or after marriage. In either case, whether separate or community property, she cannot just kick you out. She must have a court order.
Actually there is a rebuttable presumption that title DOES characterize property. It puts the burden on you to show that the record title does not properly reflect the ownership of the property. What is left out of your question, however, and what is the core issue, is where did the money come from for the purchase, and if you put up some of the money, why did you not go on title as an owner? Unless you put up part of the down payment, and since you have only been married a month, your wife is right that you have no legal or financial rights in the house. Ms. Ellifritz is correct that she cannot just kick you out. She would have to file for divorce and file a motion for sole use and occupancy of the family home, but if the house is all hers, that motion is basically guaranteed to be granted.