Q: Hi, Is a home that is still under mortgage considered marital property once a couple marries?
The word aquired before married is used to describe non-marital property...does that include a home that is not paid off but we would both be paying the mortgage and living in the home once we are married? The home is in California.
A: I think what you are asking is if Spouse A buys a house and gets married during to Spouse B before the house is paid off, does the house become community property that Spouse B can claim. It depends on what money is used to pay the mortgage, property tax, and other expenses of the house. If Spouse A somehow uses his or her separate property money for all of that, then the house could stay separate. If Spouse A uses his or her salary that is earned during the marriage to Spouse B to pay for anything on the house, then Spouse B acquires a community property interest in the house. The usual way to compute how much community property interest Spouse B has in the house is to do what is called a Moore-Marsden computation. Google that if you want to learn more.
A: Community payments made towards a community home during the marriage create community property equity rights in that home. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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