Legal Question in Family Law in California

My husband and I own a home together. The mortgage is in his name but both of our names are on the deed. If we were to get divorced would I be entitled to half of the house or it's value?


Asked on 7/31/16, 8:02 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

If the property was deeded to both of you, you would have an interest in the property. Exactly how much, whether half or some other portion depends on the terms of the deed, any subsequent transactions on the property, and a lot of other details of your family financial conduct since purchasing the house.

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Answered on 8/01/16, 12:31 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

A simple answer would be that assuming the resources used to acquire the property were earnings made during the course of the marriage, the house would be community.

If there's a down payment that came from a separate property source such as earnings before marriage or a gift or inheritance during the course of the marriage, the person who provided that resource would be entitled to reimbursement for that amount and the balance of the equity in be house would be divided between the parties. Your best bet would be to meet with an experienced family law attorney to explore your options

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Answered on 8/02/16, 7:31 pm


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