Legal Question in Family Law in California

I have questions regarding separate and community property:

My Scenerio - I bought a house in CA before marrige in 2007. Only my name is on the house and I pay the mortgage. I used my own money to purchase the house before marriage.

After marrige in 2008, we are living together for 4 yrs. we do not have any joint accounts. No childeren. I deposit my paycheck to one of my personal SAV accounts (opened before maarige) and tranferred some of the money to other acccount (opened before marraige) for paying mortgage, proeprty tax, home expense and other credit card expense after marriage. At this case, is the money in my saving a separate asset? how can I distinguish money I earn from my paycheck as separate assets...can I open another account in my name only from now on? Also, the house has no equity. She has not contributed any money to the house (e.g. improvements, property tax, HOA...and etc) after marrige. Is she entitled to the house that I have before marrige?

2. I am thinking about buying another house in CA. She does not want her name on the house and does not want her name on the mortgage. SHe will not pay any mortgage and other expesne (e.g. property tax & asso. ) I think my credit and income is strong enough to make pruchase. If divorce, is she entitled to the house? How can I protect my investment in case of divorce?

Thanks


Asked on 6/14/12, 10:51 am

1 Answer from Attorneys

1. Yes she is entitled to some interest in the house you purchased before marriage. Your pay earned during marriage is community property. Putting it in separate accounts does not change that. In fact, mixing it into an account that had money in it before marriage may give her a claim on the money in it before marriage due to it being "comingled assets." It does not sound like the community interest in the house is very large, but it exists.

2. Unless you have a well written post-nuptial agreement and she signs a quit-claim deed in connection with the purchase, by using earnings from during the marriage for the down payment and making payments on it with community property income, she will acquire an interest in the new house as well.

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Answered on 6/14/12, 3:41 pm


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