Legal Question in Real Estate Law in California

Appreciation of separate real property in community property state.
I have lived with my husband of 5 years in a house he has owned since the 70's. He has the house in a revocable trust for his grown children. The house is free and clear of a mortgage, however I have paid half the expenses during the five years we've lived in the house (taxes, insurance, repairs, maintenance). The value of the house has increased considerably since we've lived there. The house will be sold next year, and we will move out. I have been told that the spouse (me) may share in the appreciated value of this property. When he recently took out a home equity loan I had to sign a form stating that I was aware of the value of the house. My question is do I have any rights to a portion of the proceeds of this property based on the appreciation during my residency. We are not contemplating separation or divorce.

Asked on 5/11/00, 3:36 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Appreciation of separate real property in community property state.

you may have the right to something based on the amount the community contrbuted to the upkeep.

Answered on 8/01/00, 9:36 pm

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