Legal Question in Real Estate Law in California

Re: Property interest

You don't need advice over the net you need to see an attorney yesterday. You needed an attorney during this wholesales transaction to make sure that your rights were protected. There is no doubt in my mind you have rights in this property. While they are not legal rights because you do not hold title with anyone as to the property they are equitable rights. Your husband was using you in your money and now he has your money. You realize, but this will probably lead to a divorce. I am reading that into your question in terms of you're not being very happy with what your husband did to you and your finances. Yours vs. his, ours. So, to protect your rights get an attorney now who understands real estate law/dissolution of marriage. Community vs. separate. Hopefully your husband hasn't spent all because he's probably going to be the source from which you receive your share. By the way you realize that he is going to say this was a gift from you to him, nothing more than paying for the "fair rental value" of the house you used as your principal place of residence and that you are not entitled to any monies back as it was a normal expenditure for needs in any kind of marriage. You've learned hopefully, a good lesson from this. Good luck.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Property interest

I don't know what other answers your question may garner. Hopefully someone out there is more knowledgeable about this subject than I. However, just in case you don't get a better answer, here are a few general comments:

1) The first place to start research would be the decree of dissolution in the prior marriage, and any property settlement agreement or orders referenced by it or incorporated into the decree. The dissolution should have, in one way or another, dealt with the former couple's property in a fairly comprehensive manner, including the house.

2) It is potentially important to know how the property settlement dealt with the house. The marital home is usually a divorcing couple's largest asset. Since a lawful (almost always 50-50) property division often requires selling the house, but circumstances may make an immediate sale a hardship (e.g., on the children), there are sometimes court orders for delayed sale. If this was a sale pursuant to an earlier court decree, the financial results of sale MIGHT be different than what you would ordinarily expect (due to the terms of the decree).

3) Often when a spouse's separate property or the community's funds were used to pay mortgage payments etc. of the other spouse's separate property, this will result in the community obtaining what is called a "pro tanto" interest in the separate property. Without research, I cannot tell you whether you or the present marital community had acquired a pro tanto interest in the house under your fact pattern.

4) It is possible that the issue is not how much less than 50% the ex-wife is entitled to because of your contributions. Perhaps she is entitled to her 50%, and the fact that you've made contributions (as has the marital community) will affect only the division of your husband's share between him and you.

5) This question, even though it involves real property, should probably be asked as a family law, divorce/dissolution, or community property matter. If you don't get an authoritative answer under the real estate heading, I suggest re-asking it so LawGuru's Family Law people can have a shot at it.

6) Ultimately, you may want to have a conference with a family law attorney who represents YOU alone, in private, to see if you are being fairly treated and properly advised by the other lawyers who don't oweallegiance to your interests.