Legal Question in Family Law in California

Re: Property owned before marriage

Property owned and paid for before marriage is presumptively separate, not community property. The spouse can try to rebut that presumption by showing some kind of "transmutation" of the property, which basically is some kind of agreement to change its status from separate to community. Special considerations apply if it is property, like a house that was owned by one spouse before the marriage, but for which payments continued to be paid from community property after the marriage. In those instances, property can end up part community and part separate. Upon divorce, a party's separate property remains theirs, but community property is divided 50/50.

Reply: Property owned before marriage

Property acquired prior to the date of marriage is separate property. However, if payments are made on the separate property from money earned during the marriage, there may be a community property interest in the separate property.

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 family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

Re: Property owned before marriage

in theory, property you had in your possession prior to marriage is deemed your separate property, in which your spouse would have no claim therein upon dissolution. however, you should retain counsel on this matter to help ensure that your conduct during the marriage does not show an intent to transmute the property at issue into a community property asset, in which your spouse would then have claims for. if you would like further assistance in this matter, please email my office directly.

Re: Property owned before marriage

Any property acquired prior to marriage is "separate" property, unless, it is commingled. For example, if you changed title to include your spouse as an owner or if your spouse paid the mortgage, then, it would be considered community property and subject to community property law of the state. If it has not been commingled then it is considered your separate property and not subject to the community property laws of the state.