Los Angeles, CA asked in Real Estate Law, Divorce and Family Law for California

Q: I bought a house when I was single in California I still have the mortgage. Been Married for 10 years

We moved to Nevada and bought a house. Will my house in California be part of the divorce or can it be separated? Is Nevada law different than CA ?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, property acquired before marriage is generally considered separate property. This means the house you bought while single might be treated as your separate property in a divorce. However, any increase in the house's value during the marriage might be considered community property, which is subject to division.

Since you've moved to Nevada, it's important to understand that Nevada's laws might apply to your divorce. Nevada, like California, is a community property state, but the specific application of the law can vary. The determination of which state's law applies can depend on factors like where the divorce is filed and the specific circumstances of your case.

If the divorce proceedings are in Nevada, Nevada law will likely govern how property is divided. It's crucial to consult with a lawyer who is knowledgeable about both California and Nevada law to understand how the laws of each state might affect the division of your house.

Remember, each divorce case is unique, and the division of assets can be complex, especially when it involves property in different states. Legal advice tailored to your specific situation is essential to protect your interests.

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