Legal Question in Real Estate Law in California

Re: marital home or separate property

It could be, but not necessarily....

The operative question is the source and nature of the funds or other resources used to make the purchase. Property doesn't usually change its community of separate character just because it morphs from cash or stocks into real estate.

In order to have the house be 100% separate property, you have the following options:

(1) Buy it for nothing down on your own credit and make all the payments from your post-separation earnings; or

(2) Make a down payment using only cash or assets that are clearly your separate property at the time, then also make ongoing payments as per (1).

Cash or assets that are clearly your separate property would include earnings accumulations after the date of permanent separation (need not be legal separation, just not living together anymore generally suffices), gifts to you alone, including inheritances, and assets that can be traced to pre-marriage sources without commingling during marriage.

Be sure to discuss your situation with your buyer's agent, your lender, and your escrow officer so you get as much free advice as possible and the possibility of a misunderstanding is minimized.