When does separate property become community after adding spouse to deed?

[RVF]

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

My Question:
I owned my house 3 years prior to being married. In my 6th year of marriage I added my spouse to the deed while refinancing my home (Feb 2009). 2 months later she had an affair, Date of separation is (June 2009).
1. Is it true that the day she was added to the deed is the day the asset became community property?

2. Is it true that she is entitled to only 50% the equity gained after the property became community property.

3. Is it true that she is entitled to 50% of the principle pay down on the loan during the time we were married?What is the name of your state (only U.S. law)?

[Ohiogal]

Originally Posted by RVF

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

My Question:
I owned my house 3 years prior to being married. In my 6th year of marriage I added my spouse to the deed while refinancing my home (Feb 2009). 2 months later she had an affair, Date of separation is (June 2009).
1. Is it true that the day she was added to the deed is the day the asset became community property?

2. Is it true that she is entitled to only 50% the equity gained after the property became community property.

3. Is it true that she is entitled to 50% of the principle pay down on the loan during the time we were married?What is the name of your state (only U.S. law)?

The day you got married and were paying on the mortgage still was the day a portion of the property became community property. When you added her to the deed, the became joint owner. She is entitled to 50% of the equity overall because you gifted her with half the house. What do you mean by 50% of the principle pay down? She got to live in the house.The home is BOTH of your property. Hence she is entitled to 50% of the equity.

[nextwife]

Originally Posted by Ohiogal

The day you got married and were paying on the mortgage still was the day a portion of the property became community property. When you added her to the deed, the became joint owner. She is entitled to 50% of the equity overall because you gifted her with half the house. What do you mean by 50% of the principle pay down? She got to live in the house.The home is BOTH of your property. Hence she is entitled to 50% of the equity.

I agree that the day one is vested in title they become an owner, but non comingled premarital property only becomes partially marital if the mortgage that was being paid was paid out of marital funds. If payments were made from a pool of premarital assets, or, say, I own a free and clear investment property premaritally and use those rents to pay my mortgage post maritally, the house for which I am a sole owner would NOT automatically become marital "the day you got married and were paying on the mortgage."

[Ohiogal]

Originally Posted by nextwife

I agree that the day one is vested in title they become an owner, but non comingled premarital property only becomes partially marital if the mortgage that was being paid was paid out of marital funds. If payments were made from a pool of premarital assets, or, say, I own a free and clear investment property premaritally and use those rents to pay my mortgage post maritally, the house for which I am a sole owner would NOT automatically become marital "the day you got married and were paying on the mortgage."

Yes I agree. I should have added with "marital funds".