Legal Question in Family Law in California
If our house is only in one of our names, is it still considered community property? and are both parties entitled to split the proceeds from the sale? have been married 21years.
Thank you.
5 Answers from Attorneys
How long have you had this home? 21 years is a long term marriage, so the family law courts will bend towards community property, unless your ex has very good documents showing it has always been separate property, maintained with separate property funds(this is very hard to do in a 20 year old marriage).
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If the house was purchased during the marriage with money earned during the marriage, then it is most likely community property. If community property was used to pay the equity down, you would also have an interest. The title does not decide the characterization of the property. What makes the determination is whether or not community property was used.
You provide too little information to make that determination. There are issues such as how the property was purchased, whether community property was used to make payments reducing any encumbrances, and the nature of any deed or written agreements between you and your spouse.
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