Do we each own this home 50/50?

[HowardDuck]

What is the name of your state (only U.S. law)? California


Married couple buy a home several years after they marry. Husband is breadwinner, wife is homemaker and later stay at home mom. They use the husband's IRA and 401k accounts to put the down payment on the home (money earned both before and after marriage). They divorce a few years later. Do they each equally own the home? Does it matter that it was the "husband's" money for the down? Does it matter the wife spent long months doing the bulk of the work finding and getting the home, and then doing the lion's share of repairs, upkeep, and improvements to the property?

 

[Proserpina]

What is the name of your state (only U.S. law)? California


Married couple buy a home several years after they marry. Husband is breadwinner, wife is homemaker and later stay at home mom. They use the husband's IRA and 401k accounts to put the down payment on the home (money earned both before and after marriage). They divorce a few years later. Do they each equally own the home? Does it matter that it was the "husband's" money for the down? Does it matter the wife spent long months doing the bulk of the work finding and getting the home, and then doing the lion's share of repairs, upkeep, and improvements to the property?

Well, at least we know you're not the husband!

You can take a look here: http://www.courts.ca.gov/1254.htm

 

[HowardDuck]

You're both correct and not /wink I took a look at the link (thanks!) but it doesn't seem to address my question =/

 

[LdiJ]

What is the name of your state (only U.S. law)? California


Married couple buy a home several years after they marry. Husband is breadwinner, wife is homemaker and later stay at home mom. They use the husband's IRA and 401k accounts to put the down payment on the home (money earned both before and after marriage). They divorce a few years later. Do they each equally own the home? Does it matter that it was the "husband's" money for the down? Does it matter the wife spent long months doing the bulk of the work finding and getting the home, and then doing the lion's share of repairs, upkeep, and improvements to the property?

CA is a community property state. The home was purchased during the marriage. It is community property therefore they both equally own it.

 

[Ohiogal]

CA is a community property state. The home was purchased during the marriage. It is community property therefore they both equally own it.

Except for the fact that apparently they are divorced per what the OP stated and as such the divorce decree should have determined who gets the marital residence. And after the divorce neither party can just go back and demand half of the home.

 

[HowardDuck]

I'm sorry, I mean to say that we are currently in the middle of a divorce, so this can still be acted upon. I knew that California is a community property state, but I was uncertain if the source of the down payment on the home (even though bought after we were already married) would make the house "his".

I can't afford a lawyer (I'm literally living off of a credit card, that's near maxed) so since I'm forced to do this alone, I want to make sure I'm on firm ground if he and his lawyer push back against this.

Thanks for the replies =)

 

[LdiJ]

I'm sorry, I mean to say that we are currently in the middle of a divorce, so this can still be acted upon. I knew that California is a community property state, but I was uncertain if the source of the down payment on the home (even though bought after we were already married) would make the house "his".

I can't afford a lawyer (I'm literally living off of a credit card, that's near maxed) so since I'm forced to do this alone, I want to make sure I'm on firm ground if he and his lawyer push back against this.

Thanks for the replies =)

Sometimes if it can be clearly proven that a down payment came from purely premarital funds the down payment can be backed out of the equation before the remainder is divided, but that doesn't sound to be the case here. If he took out a 401k loan rather than a taxable distribution, then its wasn't premarital funds at all, because he would be paying back the loan with marital funds. Since he has contributed to the 401k since the beginning of your marriage even if it was a distribution it cannot be proven that the down payment came from purely pre-marital funds.

 

[HowardDuck]

Ok, that's what I was thinking from the other sources I was reading. Just hard to parse legalese sometimes! I appreciate your help LdiJ =)

 

[HowardDuck]

So now my husband is saying that the value of the home, upon which our split is determined (should he buy me out, which it sounds like he wants to), is set by the day we "separated" and not it's current value. First, I'm not even sure that's true. The housing prices in our part of town are going up at a pretty fast rate, so this does matter. And even if it is true, are we considered "separated" because he asked me to leave the home during the divorce process, and I did, to avoid daily fights in front of our son and just a general miserable atmosphere that I don't want him to be around?

 

[LdiJ]

So now my husband is saying that the value of the home, upon which our split is determined (should he buy me out, which it sounds like he wants to), is set by the day we "separated" and not it's current value. First, I'm not even sure that's true. The housing prices in our part of town are going up at a pretty fast rate, so this does matter. And even if it is true, are we considered "separated" because he asked me to leave the home during the divorce process, and I did, to avoid daily fights in front of our son and just a general miserable atmosphere that I don't want him to be around?

Generally its the date that the divorce is filed rather than the separation date.

 

[Ohiogal]

Generally its the date that the divorce is filed rather than the separation date.

That isn't true either. In many places it is the date the divorce is finalized or the date of the final divorce hearing.

 

[Bali Hai]

That isn't true either. In many places it is the date the divorce is finalized or the date of the final divorce hearing.

I tried but can't find a statute for CA, but in NY the cutoff date is the date of the commencement of the divorce action. I know this because my ex's crooked lawyer tried to get the judge to divide everything after three years when the divorce became final. (It didn't work.)

It appears to be at the discretion of the judge in many places. In that case the judge can decide whatever date favors the woman.

 

[Bali Hai]

http://www.divorcesource.com/research/edj/valuation/96sep97.shtml

 

[Zigner]

It appears to be at the discretion of the judge in many places. In that case the judge can decide whatever date favors the woman.

...or the man

 

[Silverplum]

Date of separation info for CA: http://www.cadivorce.com/california-divorce-guide/what-to-expect/significance-of-the-date-of-separation

http://www.goforlaw.com/Legal_Article-Date_of_Separation_CA_Divorce.htm

And Zigner rules, as always: the man won in the 2nd link, in the Manfer case.