Legal Question in Real Estate Law in California
if property was purchased after marriage with the down payment being made from money prior to marriage, can the sale of the S.C.property proceeds be returned to the party that made the down payment, since it was money acquired prior to marriage.
Asked on 4/16/15, 7:39 pm
2 Answers from Attorneys
William Christian
Rodi Pollock
It depends. Were mortgage payments, property taxes, improvements, decoration and maintenance paid with community property? it is likely there is now a mixed asset, and you can fight about how much is community and separate. This is part of what keeps divorce attorneys in business.
Answered on 4/16/15, 8:14 pm
Phillip D. Wheeler, Esq.
Phillip D. Wheeler, Attorney At Law
After marriage, it is all yours. HOWEVER, and this is a big HOWEVER, if you have anything you owe, they can put a lien on the property but that is just if you owe.
Other than that, I see no problems.
Answered on 4/16/15, 11:22 pm
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