Q: Regarding separate and community assets as resident of California
I sold my house in California, that I owned with my ex-husband in 2014 while I was married to my second husband for a year then. The sale of my home with my ex was per our divorce decree. I had the home for about a year and paid the mortgage for it completely out of my separate bank account. My second husband never paid for the mortgage or anything related to this house. I would like to know if my second husband gets 50% of the proceedsand whether this will be treated as community or separate property since these monies came in while I was married to my second husband although this was separate property and a part of my divorce settlement with my ex-husband.
A:
You can argue that such funds are separate property based on these facts since the source of income was from prior to the marriage with the new husband. Did any commingling of community property funds happen with this home, though?
See: http://www.aeesq.com/divorce-attorney/community-property-2/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Joseph Torri agrees with this answer
A: It sounds like the house is separate property, and being paid from a separate property bank account without commingling, etc. helps the separate property argument. Hopefully community dollars earned did not go into that bank account. It's unlikely the second spouse will get half of the proceeds. However, more facts are required to provide a thorough analysis.
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