Legal Question in Family Law in California

My husband file for divorce after 5 years of marige. After we got married hi add my name on the house hi owed from before is that going to be50/50 split? Thank you


Asked on 11/08/15, 5:11 pm

2 Answers from Attorneys

In California there is a presumption that when one spouse adds the other to record ownership of real property that it was intended to convert the property from separate property to community property. In a divorce, however, the spouse who originally owned the property can introduce evidence that the reason for adding the other spouse to record title was something else other than to make a gift to the marital community. So it just is not possible to say whether it will be divided as community property or not without sitting down with a lawyer and going over all the facts and details.

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Answered on 11/09/15, 7:53 am
Arlene Kock Law Offices of Arlene D. Kock APLC

Much more information is needed to assess your options.

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Answered on 11/09/15, 8:50 am


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