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property rights or moving out?

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dani22

Junior Member
What is the name of your state? California
I was wondering whether i would lose my rights to half of the property if I chose to rent an appartment and move out -- conditions at home are impossible but the property is in my huisbands name. i have a daughter and don;t want to mess it up any further. Any advice/suggestion will be much appreciated.
 


Ohiogal

Ohiogal

Queen Bee
dani22 said:
What is the name of your state? California
I was wondering whether i would lose my rights to half of the property if I chose to rent an appartment and move out -- conditions at home are impossible but the property is in my huisbands name. i have a daughter and don;t want to mess it up any further. Any advice/suggestion will be much appreciated.
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Was the property paid for before you got married? Was it refinanced after the marriage? Did marital income pay for the property? Moving out does not necessarily forfeit your rights in the property however you have to determine if you have rights to begin with.
 
LdiJ

LdiJ

Senior Member
Ohiogal said:
Was the property paid for before you got married? Was it refinanced after the marriage? Did marital income pay for the property? Moving out does not necessarily forfeit your rights in the property however you have to determine if you have rights to begin with.
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She is in a community property state, therefore she is going to have at least, some rights. Those rights may be limited or not...depending on the overall situation, but some rights will exist.
 
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nextwife

Senior Member
LdiJ said:
She is in a community property state, therefore she is going to have at least, some rights. Those rights may be limited or not...depending on the overall situation, but some rights will exist.
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No, that is NOT automatic, even in a community property state. It depends on whether marital funds were comingled into the property. I live in a community property state, and have talked to a number of local family law attorneys about this involving real estate transactions.

One example: my premarital house, goes into a trust for the care of my daughter when I die, with a life estate to hubby. No matter WHO hubby remarried, if I die first, his subsequent wife cannot acquire any community property rights to the house.

http://www.divorcenet.com/states/alabama/definition_of_community_property

"There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin (quasi-community property). In these jurisdictions property acquired prior to the marriage stays with the party who acquired it. Certain jurisdictions exclude property that comes into the marriage by gift and inheritance. Some community property states allow equitable distribution where justice is served. These rules vary state to state and are fraught with exceptions. Consult local counsel."
 
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LdiJ

LdiJ

Senior Member
nextwife said:
No, that is NOT automatic, even in a community property state. It depends on whether marital funds were comingled into the property. I live in a community property state, and have talked to a number of local family law attorneys about this involving real estate transactions.

One example: my premarital house, goes into a trust for the care of my daughter when I die, with a life estate to hubby. No matter WHO hubby remarried, if I die first, his subsequent wife cannot acquire any community property rights to the house.

http://www.divorcenet.com/states/alabama/definition_of_community_property

"There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin (quasi-community property). In these jurisdictions property acquired prior to the marriage stays with the party who acquired it. Certain jurisdictions exclude property that comes into the marriage by gift and inheritance. Some community property states allow equitable distribution where justice is served. These rules vary state to state and are fraught with exceptions. Consult local counsel."
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I agree that the way you have set things up no future wife of your husband could gain rights to the property, but that is because your husband won't actually own the property. It will be in trust for your daughter.

It has always been explained to me that even though the prior owned home remains the property of the original owner (unless co-mingling has happened) that the spouse would be entitled to 50% of the equity and appreciation that accrued during the marriage. The only exception is if PRE-marital funds that remain separate funds are the only thing used to pay the mortgage and upkeep.
 
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