Legal Question in Real Estate Law in California

Re: Do I have a right to house, if the house is only in husbands name?

After this diversity of opinions, perhaps you can understand why lawsuits and judges are necessary. Of the three prior answers, I'd go with Mr. Koenen, who has described what is called a "pro tanto" community-property interest, which arises when community funds are applied to make equity (as distinguished from interest) payments on property that would otherwise be the separate property of one spouse.

Since in the early years of a mortgage, the payments are largely interest and very little goes toward reducing the principal, your 1/2 of the pro tanto community interest is probably rather small, but certainly worth going for as a part of your property settlement in divorce. You would also be entitled to part of the appreciation in value since the community first acquired an interest. The formulas aren't too complicated, and an experienced family law attorney could compute your approximate share.

If you made any contribution to the down payment, Mr. Johnson's answer would be important to consider as well, but it sounds as though you were not acquainted and/or unable to contribute back in 1999 when the house was purchased. The concept, called "purchase-money resulting trust," is that ownership follows contribution to down payment irrespective of what's on the deed, at least in some cases.

The answer could also be different if the two of you had a pre-nuptial agreement or some other kind of contract regarding the house, but I assume if such existed you would have mentioned it.

Finally, you could perhaps try to get him to deed you an interest in the house, but if your marriage is on the rocks already this would seem to have the proverbial snowball's chance in you-know-where.

Re: Do I have a right to house, if the house is only in husbands name?

You will have a share that is based upon the reduction of debt. In other words, if the house was originally $200K and 10% down payment, the loan was $180K. If the loan balance is now $170K, which means the "community" owns a 5% interest. That means you own a 2.5% interest (in this example). Better get him to add your name to title.

Re: Do I have a right to house, if the house is only in husbands name?

Your interest in the house is not clear since it was purchased prior to your marriage. However, you may be able to prove that there was an agreement between the two of you to share the equity in the home equally. The fact you both of you deposited your checks into a joint account, your subsequent marriage and possibly other activities may support this position.

However, as the other attorney stated your best course of action is to get your name added to the deed to the house.

Re: Do I have a right to house, if the house is only in husbands name?

No way was Jose, or more appropriately Josea, first of all even if there wasn't a written agreement between you if one half of all of the funds applicable to the down payment and maintenance and upkeep of the residents prior to marriage came out of your bank account that you have a one half interest. If less than that then there will have to be a crunching of the numbers. After you got married if everything is that you and he earned was the source applicable to the payment of the mortgage plus maintenance and upkeep of the residents you have 8 1/2 equitable interest. If nothing is wrong with the marriage basically see if he will grant deed to you one half share of the residence. I said grant deed and not quit claim. You can go to an attorney who is experienced in real estate matters and he can prepare the appropriate deed. There will be no gift tax and it will just solidify your interest in the residence. This and actuality should be done as a community property. I have practiced law in the San Francisco Bay area for over 30 years animate and spurt at real estate law. I feel very confident that if you wish me to handle this matter for you I could do so. If you wish to set up an appointment please call me at 925-- 945 -- 6000