Legal Question in Family Law in California

Re: am i entillted to half the house

It isn't that easy. Different formulas are used to determine your interest in the house before and after you were on title, and before and after refinancing depending on the order of events. Your case also involves reimbursement issues regarding your husband's down payment and possibly your contribution to the third mortgage (which may be characterized as a gift). Bottom line: you have substantial rights at stake here with the house alone. You should also be advised regarding other rights that may have accrued in your long-term marriage. Don't try and get buy with free information off the internet. Get an attorney!

Re: am i entillted to half the house

It would appear that the vast majority of the house is community property but that you each have a right to reimbursement of you separate funds that you put into the house, without accrual of interest or appreciation. See an attorney. You are talking hundreds of thousands of dollars in value, it is worth the inveestment of doing this the right way. Good Luck, Pat McCrary

Re: am i entillted to half the house

HOLY COW. It is pretty obvious to me that you own 1/2 the house. I do not know how to say this politely, so I am just going to say it. The other attorneys who have answered this question are wrong. When the house was put in your name, that constituted what the law calls a transmutation. This is a fancy way of saying your husband's separate property contribution was extinguished. The exception to a transmutation is undue influence. It is absolutely inconceivable that a court would say, "Well, golly gee, I guess your husband was under undue influence and it just took him 23 years to figure it out, and the fact that he did not raise this claim until you were going through a divorce is just an amazing coincidence." I have yet to meet a judge this gullible. But the same goes for your contribution. When you and your husband refinanced, your contribution would have been extinguished as well. I have handled and/or tried hundreds of family law cases dealing with real property issues. Based upon the facts you have given me, this appears to be a no-brainer. Your husband's attorney is playing you for a fool because you do not have representation.