Legal Question in Family Law in California

When was the house purchased? How is title held? Is the property subject to a mortgage or deed of trust? Where does the money come from that is used to pay the mortgage and improvements?

Since the down payment is from your previous marriage, the house will be considered your separate property. However, if you have mortgage that you have paid down with your income, your wife will have some interest. The court will use a formula that is has been used from the 1960's (marrige of Moore) to calculate how much your wife will get.

Neither of the previous answers is correct. Unless there is a manifest intention to make a gift to the community, your down payment becomes a separate property credit in the event of a divorce from this wife if you took title to the new house in anything but your name as sole and separate property. If you did take title to the new house in your name as sole and separate property, then the community will be entitled to a credit for all payments of community funds that reduce the principal debt on the property or increase the value (such as improvements or addititions).