Legal Question in Real Estate Law in California

I have a house that I bought before marriage. If I sell the house when I am married, would the profits from the house be community property?


Asked on 9/08/09, 4:12 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You aren't going to change the separate vs. community character of the house just by selling it. However, you do need to keep in mind the following:

(a) The house, although your separate property coming into marriage, may have acquired a (small ?) community-property ownership aspect through use of community funds for things such as making principal payments or improvements with community funds. Remember that your earnings (salary, wages) during marriage are community earnings and what they're used for is community property.

(b) If you "commingle" the proceeds of sale, so they lose their easy identity or traceability to the house sale, they will probably become community funds or community assets when spent.

This is more of a family law question than general real estate, and LawGuru lawyers who specialize in that area can probably give you a more detailed answer, if you re-ask it under that heading.

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Answered on 9/08/09, 7:24 pm


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