possible divorce, can she get half of the house?

[tranquility]

Yes, that would probably be best for you. If she's got half a cell in her brain, don't expect her to agree...but give it a shot.

Actually, I suspect that gives FAR more to the wife than she has a right to. Without even getting into the calculation, most of the mortgage payment at this time is going to be interest and only the amount the community property paid that reduced the amount owed would be a part of the calculation of how much ownership the community has gained over the separate property. Principal reduction is the key. The ratio of principal reduction (due to community property) to the purchase price is the community's portion of appreciation plus the principal reduction (due to community property) is the amount the community deserves for the amount paid. In a divorce, divide that by two.

 

[Zigner]

Actually, I suspect that gives FAR more to the wife than she has a right to. Without even getting into the calculation, most of the mortgage payment at this time is going to be interest and only the amount the community property paid that reduced the amount owed would be a part of the calculation of how much ownership the community has gained over the separate property. Principal reduction is the key. The ratio of principal reduction (due to community property) to the purchase price is the community's portion of appreciation plus the principal reduction (due to community property) is the amount the community deserves for the amount paid. In a divorce, divide that by two.

The lady owns half of the house...she doesn't own half of the debt.

ETA: I'm assuming that that mortgage was in existence prior to the marriage...

 

[tranquility]

The lady owns half of the house...she doesn't own half of the debt.

ETA: I'm assuming that that mortgage was in existence prior to the marriage...

As I wrote previously, transmutation of separate property to community in California generally requires more of a writing than the deed. Not always, there are certainly some cases that hold differently. But, they require clear intent to transmute. Here, the OP has a writing stating no intent to transmute.

 

[Zigner]

As I wrote previously, transmutation of separate property to community in California generally requires more of a writing than the deed. Not always, there are certainly some cases that hold differently. But, they require clear intent to transmute. Here, the OP has a writing stating no intent to transmute.

I don't think we have enough to determine either way if the OP intended to gift the wife half of the property.

 

[LdiJ]

Actually, I suspect that gives FAR more to the wife than she has a right to. Without even getting into the calculation, most of the mortgage payment at this time is going to be interest and only the amount the community property paid that reduced the amount owed would be a part of the calculation of how much ownership the community has gained over the separate property. Principal reduction is the key. The ratio of principal reduction (due to community property) to the purchase price is the community's portion of appreciation plus the principal reduction (due to community property) is the amount the community deserves for the amount paid. In a divorce, divide that by two.

Tranq...he put her name on the deed. It is not just a community property situation anymore. She is an actual owner of the home.

 

[tranquility]

Tranq...he put her name on the deed. It is not just a community property situation anymore. She is an actual owner of the home.

That fulfills the statute requiring a writing. He also has a signed writing limiting ownership. This is not the same situation as an unmarried couple where the one with the mortgage is screwed.