Q: In the case that I owned a house before marriage,
after marriage, I sold the house and bought another house, does it become community property, and needs to be divided in a divorce?
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- California
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- Answered
A:
In California, the property that a spouse owns before marriage, and the property that a spouse acquires during marriage by gift, devise, or bequest, is considered separate property and is not subject to division in a divorce.
However, if the spouse who owns the separate property takes actions during the marriage that result in the property losing its separate character and becoming community property, it may be subject to division in a divorce. For example, if the spouse sells the separate property and uses the proceeds to purchase another house during the marriage, the new house may be considered community property and subject to division in a divorce.
It is important to consult with a family law attorney to determine the specific details of your situation and how property division may be impacted in a divorce.
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