Santa Cruz, CA asked in Divorce for California

Q: Can my wIfe take half my house in a divorce even if I owned it before our marriage and paid for all the additions

Bought the house in 1983, married in 1990, added 2nd story in 1992, upgraded original floor in 2004 all with zero financial support from her. Refinanced many times but with just my name on the title. Do have a current HELOC under both names.

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Because you purchased the house before the date of marriage, it is your separate property. The community acquired an interest in this property resulting from mortgage payments and improvements made during the marriage. That interest is not necessarily equal to 50% of the home's total value.

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