Legal Question in Real Estate Law in California

Your question is a family question not a real estate law question. Property owned by either party prior to the marriage is the separate property of the individual that owned the property. A community property interest in the property can result from the use of wages earned during the marriage or other community property to pay the mortgage, repair etc the property. The conversion of separate real property to community property most commonly occurs when the property is refinanced and the other spouses name is added to the deed at the demand of the lender. This area of the law is complex and is very dependent upon the facts of the case.

As to the choice of law question, the law of the state in which the divorce is filed is the law that governs. California considers such property to be quasi community property and as such treats it as community property. I am not familiar with the laws of Texas or other states and how they would treat community property, but it would would seem that it should be treated as jointly owned property. That California community property law would apply to determine the interests of each spouse.

Texas does not have jurisdiction to determine how title to California property will be distributed. Only California has that power. Under California law, all property purchased during a marriage is presumed to be community property regardless in whose name it is held. You can get around this law with a written agreement called a prenup or transmutation.

I agree with both answers, except the part of Mr. McCoy's answer about purchase during marriage - it is a correct statement of the law, but the property you're asking about you've already purchased, prior to marriage.

The creeping interest of the marital community that results from use of community income for principal reductions, improvements, etc. is called a "pro tanto" community-property interest.