Sunnyvale, CA asked in Divorce and Real Estate Law for California

Q: If i owned a home prior to marriage, we live in the house together but the deed is under my mothers name.

he has not contributed to the mortgage. what is he entitled to in the divorce?

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1 Lawyer Answer
Andy Chen
Andy Chen
  • Modesto, CA
  • Licensed in California

A: Whether he contributed to the mortgage from his salary is not the only consideration. Your salary during the marriage is community property (i.e. it is partially his). If you used your salary to pay for anything on the house -- mortgage, maintenance, landscaping, property tax, etc -- he could have a community property share to the house.

Name on the deed is generally who owns the house. Community property, unfortunately, is an exception to that so the deed being in your mom's name doesn't prevent your husband from claiming a portion of the house. The size of that claim will vary depending on the numbers involved in your situation.

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