Is this community property?

[nmc2003]

What is the name of your state? California

I purchased my house 11 years ago before my marriage. The house title and mortgage loan has always been in my name only. My husband and I have been married almost 3 years, but are in the starting process of getting a divorce. Is my soon to be ex-husband entitled to a 50/50 split on the house? He believes this to be co-mingled with community property since he has contributed to mortgage payments. I had several people tell me that he is not entitled to 50% of the house because we have only been married for the short length of time.What is the name of your state?

[Litigation!]

Originally Posted by nmc2003

What is the name of your state? California

I purchased my house 11 years ago before my marriage. The house title and mortgage loan has always been in my name only. My husband and I have been married almost 3 years, but are in the starting process of getting a divorce. Is my soon to be ex-husband entitled to a 50/50 split on the house? He believes this to be co-mingled with community property since he has contributed to mortgage payments. I had several people tell me that he is not entitled to 50% of the house because we have only been married for the short length of time.What is the name of your state?

My response:

Well, you're close - - but no cigar.

He's entitled to 50% of the gross "APPRECIATION" in value of the house since the date of marriage, up to the date the judge signs the Decree.

You should have both signed a Prenuptial Agreement. Whooops!


IAAL