Q: How is home property divided if the spouse was the one making all the mortgage payments?
My spouse was the one handling the mortgage payments given that she made more than me. We got the house while being married but her name is on the title and mortgage. I supported her not necessarily by financial means but more as taking care of the house: once moved in I took care of handling home improvements, yard work, cleaning, buying groceries, laundry etc.
We don’t have many assists together. Just a house, two cars, and in my case some stocks and a 401k from work that has less then 600$.
She has made it clear that if we go to court for the house, she will provide bank statements showing that the mortgage was handled by her. From my understanding, California is community property state. My main concern is to avoid unnecessary legal fees and have tried to push for marriage counseling many times but she doesn’t want to as she doesn’t have time due to work.
How would the nature of this situation look like in court?
A: Division of Community Property is tricky and complex. You really need to contact a local Family Law Attorney for input on your particular case.
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