Legal Question in Family Law in California

If she has no will or trust, the house would be treated as her separate property, subject to a reimbursement claim by the marital community. Under California law, the marital community does not acquire a legal interest in premarital separate property, but it may acquire a reimbursement claim for any community funds used to increase the value of the property. This does not apply to expenses paid, but actual increases in value. So paying to paint the house, which is a maintenance issue, does not count, but using income earned during the marriage to build an addition does. Also, interest paid on a mortgage taken on the property does not count, but if the mortgage existed pre-marriage, the pay-off of whatever balance was owed at the time of marriage does. So the first step is figuring out what the marital contribution was. That dollar value share of the house goes to you. With two children, the remaining value of the house would go 1/3 to you and 1/3 to each son.

It would be a good idea to make a will or trust.