Legal Question in Family Law in California

divorce

I purchased a home before I married my wife. We are divorcing after 4 years, she is not on the property title. We had joint account for about half our marriage but she also maitained her own account. We made no improvements to the home duging the marriage. Is the home considered community property or seperate? Is she entitled to half of any equity that may have been gained thru appreciation?


Asked on 7/28/08, 6:53 pm

1 Answer from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: divorce

In a general sense, if you purchased the real property prior to the marriage and never put your spouse on title, the property is your sole and separate property. It is possible, but not likely in this real estate market, that there is a slight community property interest based upon a "moore-Marsden" calculation.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 7/29/08, 11:04 am


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