Legal Question in Real Estate Law in California

When you got the house since it was before you were married it was your separate property and you could do anything with it that you wanted to, without your husband's permission or even knowledge. If after you were married community funds were used to pay any expenses of the house that would be commingly and your husband would have some interest in the house up to the amount of community funds used [might be able to get his half of the community funds back and might share in any appreciation in the house]. But you probably could still do anything with the house you wanted to do.

Mr. Shers is right and wrong. First off a gift is separate property whether before, during or after marriage. Second, paying expenses for separate property out of community funds is NOT comingling. Comingling is a term of art in family law and it does not apply to that situation. In fact, extensive litigation over just that issue resulted in the Moore-Marsden reimbursement calculation which does apply. To the extent community funds were used to increase the equity in the property there is a reimbursement claim to the extent of that increase in the equity and any appreciation on that increase. Payment of expenses, which by definition do not increase equity, result in no claim. Lastly, he is entirely correct that the house is yours and you can do with it what you wish. Just bear in mind that if there is a Moore-Marsden claim, you are responsible for it even if you no longer own the house or all of it.