ja22 said:
I am married in California. Is my wife still entitled to half of the house if I own it as "a married man sole and seperate property". I purchased the home while married but she signed a grant deed and only my name is on title.
My response:
Unless the Grant Deed specifically states that she signed it as a marital "gift" to you, she's still entitled to half of the valuation of the marital home as of, and from, the date of the Grant Deed until the date of Divorce.
Let's say that you both owned the home for one year prior to the Grant Deed being signed. Just prior to her signing, the home was valued at $100,000.00, of which she could have received $50,000.00. But, when she signed the Grant Deed, she deeded her "then share" of $50,000.00 to you. But, after the date of her signing the Grant Deed, and up to the date the Divorce is granted, if the value of that house has shot up to $500,000.00, then under California Community Property law, she's entitled to half of the new value of the house, minus $50,000.00. Or, stated another way, she's entitled to half of the $400,000.00 revaluation, or $200,000.00.
IAAL
IAAL
