Legal Question in Family Law in California
property settlement in divorce
I have been married for nine years and now going thru a divorce. Primary residence was purchased nine (9) days before we got married, the property was purchased in my husbands name and not mine. I did not sign any papers regarding the property. We have been living in the property since the marriage in 1995. I was contributing towards the mortgage, Do I have any legal right to the property?
4 Answers from Attorneys
Re: property settlement in divorce
You do have entitlement. If separate property used as down payment, person giving separate property/funds should receive them back. Otherwise, both has entitlement in CA to half the remaining money received upon sale or from equity.
Re: property settlement in divorce
Under the circumstances you described, you should have a community property interest in the house pursuant to the rule enunciated by the California Supreme Court in the case entitled In re Marriage of Moore (1980) 28 Cal.3d 366. If you are not already represented, you should immediately call me or another family law attorney to protect your legal interests. Make sure that any attorney you hire files a lis pendens to prevent your husband from selling the house out from under you.
Contact me for a free consultation at (415)364-1604 or [email protected].
Best of luck!!!
Russ Martin
Re: property settlement in divorce
Assuming you live in California and in accordance to what you described, yes, you do have a community property interest in the property. If you need an attorney to help you with this matter, please feel free to contact us at (408) 371-0062
Samira Ansari, Esq.
Reply: property settlement in divorce
In a general sense, if the property was purchased by your present husband prior to the marriage, and you were never put on title, the residence is his separate property. If payments were made during the marital period from money earned during the marriage, or if improvements were made during the marital period from money earned during the marriage, then there is a community property interest in his separate property. The case law is Moore and Marsden.
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 at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
