San Bernardino, CA asked in Divorce for California

Q: My husband purchased a home with his mother his name is on the deed with his mother there is a trust. He claimed she pai

paid for it but keeps telling me im not entitled to half. How can I fight it

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1 Lawyer Answer
Sandy Lynne Meade
Sandy Lynne Meade
  • San Diego, CA
  • Licensed in California

A: If the purchase was made with community funds during marriage or principal was paid on mortgage during marriage from marital earnings (absent a pre-nuptial agreement otherwise), the community has an interest in the real property asset. You need to trace money used to buy/pay down loan on the asset. You would have 1/2 the community interest in the asset assuming it has equity. You will need to know the fair market value of the home and the amount of any mortgage balance to calculate how much interest you have in the house. If the trust was funded before marriage and/or paid the purchase price/mortgage payments or husband paid with separate property funds, or the title interest was gifted by his mom, you may not have any interest in the house. Hope this helps a little.

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