Q: If my husband bought our house with his money but we have both been on title do I get half if divorced? 10 year union
Proceeds from his house sale after we were married
A: It's not about whose name is on title. If the property was purchased during the marriage, it is community property. When you say he purchased it with his money - what does that mean? If "his money" is money he earned during the marriage, then it is community property. If "his money" is money he had before the date of marriage or which he got by inheritance, then if it can be traced to a separate property source, he may be entitled to reimbursement for his "separate property down payment" to purchase the home. The home remains community property however, if it was purchased during the marriage.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, which is a community property state, assets acquired during the marriage are typically considered joint property. This means that, generally, both spouses have an equal ownership interest in such assets, including real estate, regardless of whose name is on the title or who paid for the property. If your husband purchased the house during your marriage and both of your names are on the title, it's likely considered community property.
However, the division of property in a divorce can be complex, especially when it involves property acquired with funds from the sale of a separate property (like a house owned by one spouse before the marriage) but then placed in both names. The law seeks to ensure a fair division of property, which doesn't always mean a strict 50/50 split. Factors such as the source of the funds for the purchase and how the property was held and used during the marriage can influence the outcome.
It's important for you to review the specifics of your situation, possibly with legal guidance. A legal professional can help you understand how the laws apply to your unique circumstances and what steps you can take to protect your interests. They can also offer insight into how the courts might view the property in question and advise you on potential outcomes based on precedent and California law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
