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Community/Separate Property?

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zyx

Guest
What is the name of your state?undefined
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What is the name of your state? California. Husband and I married 12 years. When married, I was buying a house in my name ONLY. House is still in my name ONLY. I have always made payments out of MY checkbook. He signed on deed when I refinanced that "property is her sole and separate property" I have cancelled checks to prove I made payments out of my checkbook. His only input to household expense was $400 per week while he kept $300-400 per week to work on his car. Question: Anyway my house could be considered "community property" Need answers ASAP Thanks
 


I AM ALWAYS LIABLE

Senior Member
zyx said:
What is the name of your state?undefined
left​
What is the name of your state? California. Husband and I married 12 years. When married, I was buying a house in my name ONLY. House is still in my name ONLY. I have always made payments out of MY checkbook. He signed on deed when I refinanced that "property is her sole and separate property" I have cancelled checks to prove I made payments out of my checkbook. His only input to household expense was $400 per week while he kept $300-400 per week to work on his car. Question: Anyway my house could be considered "community property" Need answers ASAP Thanks

My response:

Yes, it is - - minus the exact amount you had in the house prior to marriage. After marriage, he is entitled to his Community Property rights and 50% share of the "appreciation" of market value, despite the fact that the Deed only has your name on it.

So, if you paid $100,000 for the house, and now the house is worth $300,000, then you get your $100,000, and the $200,000 is split evenly. So, you get $200,000, and he gets $100,000.

IAAL
 

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