Is this consider community property?

[Rhiannon10]

What is the name of your state (only U.S. law)? California
I am considering divorcing my husband of 32 years, separated for 13 years.
I know about community property and he has a retirement fund he is drawing on now as he retired and that I would receive a portion of this in the divorce. Here is the other thing, long story short, he got a property settlement from the guy he "bought" his property from (in which I lived there for 15 years and raised 6 kids). Apparantly (while we were separated for 3 years in 1980's) he purchased this property from his friend but there was no paper work done, unbeknownst be me. My husband paid off the original mortgage and 2 loans in this guy's name and when it finally got paid off and because my husband was behind in propterty taxes and this guy went ahead and paid $10,000 in property taxes he took my husband to court and told them that my husband was renting the property and it was his word aganinst my husbands and to avoid a lenghty court battle and cost the lawyers had them settle and my husband was paid I believe around $30,000 for his portion of the property and was evicted. Now the question is am I entitile to any of this money as half of community property?

 

[mistoffolees]

What is the name of your state (only U.S. law)? California
I am considering divorcing my husband of 32 years, separated for 13 years.
I know about community property and he has a retirement fund he is drawing on now as he retired and that I would receive a portion of this in the divorce. Here is the other thing, long story short, he got a property settlement from the guy he "bought" his property from (in which I lived there for 15 years and raised 6 kids). Apparantly (while we were separated for 3 years in 1980's) he purchased this property from his friend but there was no paper work done, unbeknownst be me. My husband paid off the original mortgage and 2 loans in this guy's name and when it finally got paid off and because my husband was behind in propterty taxes and this guy went ahead and paid $10,000 in property taxes he took my husband to court and told them that my husband was renting the property and it was his word aganinst my husbands and to avoid a lenghty court battle and cost the lawyers had them settle and my husband was paid I believe around $30,000 for his portion of the property and was evicted. Now the question is am I entitile to any of this money as half of community property?

I don't know. Your story is not possible.

Real estate transactions are one of the things that REQUIRE paperwork. A verbal real estate transaction is not binding. So, purchasing a property with no paperwork is not possible.

Go to the courthouse and search for the title to the property to see who owns it.

 

[Rhiannon10]

Oh it was possible for my husband to do something that wasn't on the up and up and it was a verbal agreement that he was purchasing this property, but I always wondered why my husband never paid the excrow and just left it hanging. This owner is very shrewd and it is another weird way he aquired this property to begin with from a greiving old man that just lost his wife. This guy wrote his own agreement on the purchase price and divided the amount in half and half of the mortagage sat while he paid interest only on the first half, once it was paid then he would pay the second half. So he wasn't paying interest on the whole amount of the property. He took out a loan on the property to buy a store in Arkansas and then supposedly sold the place to my husband. My husband paid him $10,000 and paid off the second and the first mortagage then because the property was still in this guys name he was getting the tax bill. I told them to tell the lawyers that if he was supposedly renting the house then all that money my husband paid should have shown as income on this guys Federal taxes.

 

[mistoffolees]

Oh it was possible for my husband to do something that wasn't on the up and up and it was a verbal agreement that he was purchasing this property, but I always wondered why my husband never paid the excrow and just left it hanging. This owner is very shrewd and it is another weird way he aquired this property to begin with from a greiving old man that just lost his wife. This guy wrote his own agreement on the purchase price and divided the amount in half and half of the mortagage sat while he paid interest only on the first half, once it was paid then he would pay the second half. So he wasn't paying interest on the whole amount of the property. He took out a loan on the property to buy a store in Arkansas and then supposedly sold the place to my husband. My husband paid him $10,000 and paid off the second and the first mortagage then because the property was still in this guys name he was getting the tax bill. I told them to tell the lawyers that if he was supposedly renting the house then all that money my husband paid should have shown as income on this guys Federal taxes.

I already gave my advice. A verbal real estate transaction doesn't exist. Check the court house records to see who owns the property.

 

[kyky]

To put it another way, for a mere $10,000, I'll sell you the Brooklyn Bridge and throw in the Statue of Liberty.