Legal Question in Real Estate Law in California
property ownership
If a spouse in California purchases property in their own name and then the couple get divorced, what happens to that property?
3 Answers from Attorneys
Re: property ownership
It goes into the pot to be valued adn distributed in the divorce.
Re: property ownership
It goes into the pot to be valued and distributed in the divorce.
Re: property ownership
Usually, the family law court will divide the property -- or the value of the property -- between the spouses, especially if community funds were used to purchase the property. Such funds are, for example, earnings that were accrued during the marriage. If the downpayment were from an inheritance or a gift from parents or other relatives, then the court could apportion the value according to the amount of community funds used to pay the mortgage and for improvements. It's best to work out the value with your ex-, and with the help of a family law attorney and an appraiser.
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