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Separate & Community property in regards to home equity

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antman488

Junior Member
What is the name of your state? CA

My wife and I have been married 10 years. She bought our home 2 months before we married. I am not on the title and have not been for the duration of our marriage. I had a child suport debt, prior to our marriage, that was paid off by using taking out an equity line 5 years into the marriage. I have been making the payments on that. Since the house would be considered her separate property, once the equity was used to pay off the child support debt, would that constitute an mingling of community property or make the house and any equity built up community property?

Anthony
 


nextwife

Senior Member
So you are REPAYING her the equity she pulled out of her house to cover YOUR CS obligation and you want to use your payment of the debt, due to YOUR previous failure to pay CS, as a reason to claim equity in her home? Is your name on title?
 

acmb05

Senior Member
geeez do some of you

Even read the whole post before you go off on your tirades. He plainly stated in the third sentence that he was not on the title.
 

Know It All

Junior Member
antman488 said:
What is the name of your state? CA

My wife and I have been married 10 years. She bought our home 2 months before we married. I am not on the title and have not been for the duration of our marriage. I had a child suport debt, prior to our marriage, that was paid off by using taking out an equity line 5 years into the marriage. I have been making the payments on that. Since the house would be considered her separate property, once the equity was used to pay off the child support debt, would that constitute an mingling of community property or make the house and any equity built up community property?

Anthony

The house and property are already Community Property, since two months after you were married, up to this date. Her separate property is the two months prior to marriage and any down payment money. Since the property has gone up in value, you're entitled to one-half of that revaluation.

People like "acmb05" and "nextwife" have no idea about California Community Property laws.
 

HomeGuru

Senior Member
Know It All said:
The house and property are already Community Property, since two months after you were married, up to this date. Her separate property is the two months prior to marriage and any down payment money. Since the property has gone up in value, you're entitled to one-half of that revaluation.

People like "acmb05" and "nextwife" have no idea about California Community Property laws.

**A: what? Explain your post.
 
I

I AM IAAL

Guest
HomeGuru said:
**A: what? Explain your post.

Homey, I've discussed and explained Community Property laws for California for the last 5 years. So, in what manner do you need me to explain my response?
 

antman488

Junior Member
Thanks Know It All, That is essentially what I was told by a lawyer in a recent consultation. However, my wife was told in a consultation that my only interest in the property would be the principal that had been paid off during our marriage.
 

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