Have I a right to half of his property?

[Rhiannon10]

What is the name of your state (only U.S. law)? California
We married in 1979, separated 1998. I moved out, bad situation, in 1998. In 1982 I and the kids did not have a choice but to move to this river front property because that was what my husband wanted. He loved this place because of the easy access to fishing, anyway, I left a year later with all the kids back to my house that I was left by my first marriage. He would not move back with me and stayed and one later in 1984 he was given the opportunity to purchase the property which he and I moved back in 1986 and stayed until I finally left in 1998. Now the question is, is this property considered community property even though my name is not on any paperwork? Also one note to add, the property never got put into my husbansd's name even though he paid the mortgages and taxes, just never got around to paying the escrow fees to transfer it into his name. He will be getting it into his name soon though.

[mistoffolees]

Originally Posted by Rhiannon10

What is the name of your state (only U.S. law)? California
We married in 1979, separated 1998. I moved out, bad situation, in 1998. In 1982 I and the kids did not have a choice but to move to this river front property because that was what my husband wanted. He loved this place because of the easy access to fishing, anyway, I left a year later with all the kids back to my house that I was left by my first marriage. He would not move back with me and stayed and one later in 1984 he was given the opportunity to purchase the property which he and I moved back in 1986 and stayed until I finally left in 1998. Now the question is, is this property considered community property even though my name is not on any paperwork? Also one note to add, the property never got put into my husbansd's name even though he paid the mortgages and taxes, just never got around to paying the escrow fees to transfer it into his name. He will be getting it into his name soon though.

Any property acquired during the marriage is marital property unless it was acquired using non-marital funds. It doesn't matter whether your name is on the paperwork or not.

However, if he never transferred the property to his name, you will have trouble showing that he owns it.