Q: I’m in Ca. I currently have 2 properties. One is a rental I had before I got married my husband is not on the deed or
Loan. Then we have a home together. If I sell my rental then file for divorce do I have to split the proceeds from the sell of my rental in the divorce?
A: The rental property is separate property because you purchased it before the marriage. The community may have acquired an interest in that property however, if you made mortgage payments on that property, paid to improve that property and/or refinanced that property at any time during the marriage. The proceeds from the sale of that property will likely need to be shared, but not necessarily "split", i.e. not necessarily 50/50.
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