San Jose, CA asked in Divorce, Real Estate Law and Arbitration / Mediation Law for California

Q: Married 10y. Home purchased 7y ago under wifes name due to my credit. If we split, do I risk losing home rights w/o

having my name on the title or loan paperwork?

1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: This is an incomplete answer. The property is in California. You state you were married when the property was purchased, with only your wife on the grant deed. However, California is a community property state. Therefore, it is presumed to be community property. The presumption is rebuttable.

Some of the factors that will determine the outcome: Who has contributed to the expense of owning and maintaining the property, expenses such as: house payment, taxes, signers on the bank account from which such expenses are paid. Did you deposit your earnings into a joint bank account from which the house ownership expenses were paid? If both spouses contributed in any way, I believe it will be confirmed as community property, in which case you have a 50% equitable interest. What happens then? I recommend that a divorce lawyer should be consulted to determine that and confirm what I have stated above.

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.