Sole & Seperate property??????

a1goot · #1 11-09-2006, 02:03 AM

What is the name of your state? California
Hello. Its a mess but here it is....
I have been married for two years. Me and my soon to be exwife both owned homes prior to getting married. After we got married we both sold our homes and bought one house together. Her house made 200k in profit, mine made 100k in profit. WE used most of my money to pay off debts, take a vacation, buy furniture and fix her house up a bit to try to get more money (carpet, tile, paint) & other stuff we needed. I ended up putting only 20k of my money into the house. Her money we put entirely into the house for a total of 220k. Due to us using just about all my money on other stuff besides the house and her bad credit we decided to get the house under my name as "Married man, as his sole and seperate property" She did sign a quit deed claim. She recently kicked me out of the house and we are now awaiting divorce. She said she is filling but I have not got any paperwork. Does it matter who files?Who has right to what? Does she get all her money back? What happens to my money WE spent? Do we both get 50% of the monies? Can I keep the house? Thank you please help!!!!

garrula lingua · #2 11-09-2006, 02:12 AM

Although you both had 'separate property' when you married, you 'co-mingled' that money when you sold the houses and used the proceeds for joint-type ventures.

Once separate-ppy money is co-mingled, it becomes community property.

The new house should be 50-50.

Although title is in your name, money made during the marriage was used to pay the mortgage, and the purch was made with 'joint' funds.

Was there violence between you ?
She has no right to 'kick you out' - she can move out.

What does 'awaiting divorce' mean ? Did one of you file ?
Did you ask for exclusive use of the residence in your Petition/Response ?

a1goot · #3 11-10-2006, 12:55 AM

ok. So what is the purpose of signing the quit deed away? I thought that it meant something.
As far as violence, never even a thought. It was just getting ugly as far as yelling and she told me to leave. I got my stuff and left. A week later she told me she was divorcing me. I have not got any paperwork or anything. I havent filed either