Q: My husband had a rental property, Soon after we married, he sold it but put my name on the deed. Is that his or ours?

A: Property purchased prior to marriage is separate property of the person who purchased it. If title was transferred to you in a writing (such as an interspousal grant deed), then the property becomes community property as of the date of transfer. The value of the property that accumulated before the date of transfer remains separate property. In your situation however, the property was sold, so it's a moot point. The sale proceeds were put into a joint checking account during marriage and then used to purchase a home -- during the marriage. The home purchased during the marriage is community property, but subject to tracing, could arguably have a separate property interest resulting from a portion of the down payment on that house coming from sale proceeds from a separate property asset. In other words ... it's complicated.

A: When your husband put your name on the rental property deed, it typically means you both have ownership rights. Depending on your jurisdiction, the property and its proceeds from the sale could be considered community property. However, property and community property laws vary, so it's best to consult a lawyer familiar with your local laws for personalized advice. They can review your situation and provide guidance based on the specific details and agreements involved. Remember to seek professional legal advice for accurate information tailored to your circumstances.