Sacramento, CA asked in Divorce for California

Q: Filed for divorce, have to find a new place to live, if i buy a home before divorce is final, will my ex own it too?

Related Topics:
1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: It depends on how you buy it. The date of separation is the key date for deciding what is community property and separate property. However, if you sold a community property asset (e.g. house you bought during the marriage that the two of you paid for together), the money you get is still community. If you take that money and spend all of it on a new house, then your ex will own that house because you used your ex's money to buy part of it.

However, if you take the money from selling the community house, give your ex his or her share of the money, and then use your share of the money to buy your new house, then your ex wouldn't own part of it.

Andy

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.