Legal Question in Wills and Trusts in California
marital propery
I purchase a home before being married. The home is in my name and I'm still paying monthly mortgage from my checking account. My wife & I have separate checking account.
1. By just the fact that I'm married, does the home become marital property that is split 50/50 upon divorce?
2. My parents put my name in their home while I'm married, does that means their home is a marital propery and is subjected to 50/50 split?
1 Answer from Attorneys
Re: marital propery
No, any property acquired before marriage is legally deemed your separate property. However, at the point you got you married up until the point you separate from your wife, would give her a 1/2 community property interest in the home during that specific timeframe only, barring any exceptions, if the monies used to pay the mortgate came from your salary or other community property funds. For affordable legal assistance in this matter, contact us today for a free phone consultation.
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