If my husband own his house before our marriage, am I entitled to any portion of the home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband own his house before our marriage, am I entitled to any portion of the home?
We live in a community property state.
Asked on January 23, 2016 under Family Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Typically, any property owned before the marriage remains separate property. However, if your husband added your name to title during marriage for any reason, then a "transmutation" has occurred and the house is now community property, subject to a reimbursement to him for the equity that he had in the property as of the date of the transmutation.
Additionally, even if the home was acquired before marriage title is still in your husband's name only but during the marriage the mortgage is paid down with community funds. the community estate acquires a legal, reimbursable, interest in what would be otherwise be entirely the separate property. The idea is that joint funds are being used to benefit a separate property interest. The same is true of any jont funds used to maintain, repair or improve the property.
Since this can all get a bit complicated, you really should consult directly with a local divorce attorney..
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.