My wife bought the home 4 years prior to us being married. The house/deed has always been in her name only. I have been the sole financial provider for most of our 7 year marriage always paying the mortgage. I have also extensively remodeled our home myself. Is the house now considered community property due to comingling? How do the courts typically divide this up? I read that typically she would get her down payment back and the equity would be divided up based on who paid what monies towards the mortgage.
1 Answer from Attorneys
Well the court would do a Moore/Marsden Calculation which would consider what she has paid as a down payment, how much she paid toward the mortgage, what the value of the home was prior to the marriage, what the value of the home is at the time of trial, how much the community paid down during the marriage. Also if the improvements increased the value of the home. Then a pro-rata share would be determined for your wife as her separate property and for the community which you would be entitled to 1/2 of that amount.