Legal Question in Family Law in California
separate equity
I owned a home prior to marriage for 8 years. I added my wife to title 3 years after marriage. Did my separate equity stop at marriage date or the date I added her to title?
1 Answer from Attorneys
Re: separate equity
This is a very complex area of the law.
However, it is possible that the home is still your separate property subject to your spouse's community property interest therein. Your spouse will need to be in a position to rebut the presumption of undue influence when you added her name to title pursuant to Family Code Section 721 and Family Law cases, Marriage of Haines and Marriage of Delaney.
COnsidering the amount of money involved in real estate, I strongly recommend that you retain the services of a competent attorney to assist you. The legal fees may be money very well spent.
Regards,
Damian M. Nolan
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