Legal Question in Family Law in California

Community Property

My husband bought a condo before we got married. We have been married for 3 years. Mortgage payments have been paid out of the join account.

We are thinking of buying a house. All of the down payment (30% value of the house) come from my saving before married.

If we ever get divorced, would his condo remains his own property, and the new house considered a community property since it is purchased after we got married (although all the down payment is my saving and I'll be the main person who contributes to the mortgage payment -- my income is twice my husband income)?

What should I do to protect myself if we ever get divorced?


Asked on 8/04/08, 8:30 pm

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Re: Community Property

Sounds like commingling has already occurred with regard to the condo, since mortgage payments have been paid with community property. If you have not put any money in that savings account after you married, then it is likely your separate property. You are going to need an attorney to draw up papers that you are not making a gift to the community of those funds and that it remains your separate property, just to be safe. The house itself will be community property (subject to your right to reimbursement of the $30,000)regardless of whose name is on the title and how much income anyone makes. Income earned from working by either spouse after marriage is community property. If you aren't sure about your marriage, I would not use your money to buy the house. The housing market is so bad right now, if you decide to divorce, you will have no money until the house sells. If it goes down in value, the bank could end up with all the equity and you could lose your money. Just think about it. It may be better to sell the condo and then use those funds for the down on the house.

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Answered on 8/05/08, 2:40 pm


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