Q: How is separate real property divided in a divorce if post marriage, spouse was added to title?
A:
In California, if a spouse is added to the title of separate real property after marriage, the division of that property in a divorce will depend on several factors:
1. Community property presumption: California is a community property state, which means that any property acquired during the marriage is presumed to be community property and should be divided equally in a divorce, regardless of how it is titled.
2. Tracing separate property: If a spouse can prove that the property was originally their separate property before marriage, and the other spouse was added to the title after marriage, the original owner may be able to claim a separate property interest in the property. This is done through a process called "tracing," which involves documenting the source of funds used to acquire the property.
3. Gifts and transmutations: If the original owner spouse can prove that they intended to give the other spouse an interest in the property as a gift, or if there was a written agreement (transmutation) signed by both spouses to change the character of the property from separate to community, then the property may be treated as community property and divided equally in the divorce.
4. Reimbursement claims: If separate property funds were used to improve or maintain the property after the other spouse was added to the title, the contributing spouse might be entitled to reimbursement for their separate property contributions.
The ultimate division of the property will depend on the specific facts of the case and may require the assistance of an experienced family law attorney to navigate the complexities of property division in a California divorce.
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