Legal Question in Real Estate Law in California

Re: A home that I inherited before I was married.

Property that you inherit during the marriage or acquire before the marriage is considered separate property by default. But you also need to remember that in the absence of a prenuptial agreement, you income is community property. So even though you husband might not have made payments using his paycheck, he will must likely have a small community property interest in the the home based on his community property in your salary. It probably won't be anywhere near 50% and will likely be much smaller.

Re: A home that I inherited before I was married.

Property of any kind received as an inheritance or a gift to you is your separate property.

It will remain your separate property unless and until you do something to change its character. The "something" could be using community funds to make mortgage payments or improvements, making a gift of the property or an interest in it to your husband, or transfering it to him by deed.

Even small infusions of community funds would be relatively harmless, however. If you used your December paycheck (by law, community funds while you are together, even though you are the earner/payee) to make improvements, this would give him only a tiny percentage interest.

For a more detailed discussion, get an initial free consultation with a compatible, congential and totally confidential divorce lawyer in your home town.