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?


Asked on 2/15/09, 4:45 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: property ownership

It goes into the pot to be valued adn distributed in the divorce.

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Answered on 2/16/09, 1:21 pm
Terry A. Nelson Nelson & Lawless

Re: property ownership

It goes into the pot to be valued and distributed in the divorce.

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Answered on 2/16/09, 1:22 pm
Robert F. Cohen Law Office of Robert F. Cohen

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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Answered on 2/15/09, 5:13 pm


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