Legal Question in Family Law in California
Community Property
If a house is purchased as sole and separate property by a party prior to a marriage and then retitled as joint property to husband and wife during the marriage, is the entire value of the house considered community property at the time of a dissolution? If you know case or statutory sites on this point, please include them. I need this information for a Colorado dissolution where proceeds from sale of a California residence which had originally been the sole and separate property of the husband were used to purchase a joint marital residence in Colorado. Husband is claiming his original equity in the California residence is traceable separate property. Thanks.
1 Answer from Attorneys
Re: Community Property
California law provides that the value of the real property at the time the spouses name is placed on the real property title that value is the separate property contribution and is to be repaid at the time of the divorce. Colorado law would apparently apply to the property now as that is the state in which the property is located, and is the state of residence.
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