Home ownership before marriage

[labtopjoe]

What is the name of your state? California

I own my own home and am wondering what happens to the title after I get married? Does it become community property or will I still be the sole owner?

If we get divorced, will she obtain any of the equity in the home?

thank you

[divgradcurl]

Originally Posted by labtopjoe

What is the name of your state? California

I own my own home and am wondering what happens to the title after I get married? Does it become community property or will I still be the sole owner?

If we get divorced, will she obtain any of the equity in the home?

thank you

Unless you retitle the property as community property, the house will remain your separate property. Separate property does not automatically "transmute" into community property upon marriage.

If there is a divorce, the house will remain separate property. However, if any community funds are used to pay down the mortgage, or are used to improve the house (not repair, but improve), then your wife may be entitles to reimbursement of her half of the community funds used to pay down the principal (not interest) or improvements. Further, she may be entitled to some of the "gain" (if the house appreciates in value) if there is "gain" as a result of improvements paid for with community funds -- she may be entitled to a part of any gain in the house that is there as a result of improvements made using community funds.

As you can see, this kind of stuff can get complicated in a hurry!

BTW, "community funds" includes any salary you earn while married, but does not include pension payments from pensions earned prior to marriage, or other purely separate property sources of funds.