Oxnard, CA asked in Child Custody, Child Support, Divorce and Family Law for California

Q: Divorce and split house 50/50

We been going to court already for the 5th time for divorce. We got a house before we married but moved in to the home together the first day we got it we both split the mortgage. She got me good she put her dads and her name on the house. I lived there for 15 years we remodeled the home and refinanced I been paying half with her since. Shouldn’t I be in titled to half the house or atleast half of what the home went in value from what we bought it for

2 Lawyer Answers

A: In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if you contributed to the mortgage, remodeling, and refinancing over 15 years, you could argue for a financial stake in the home's increased value.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In your situation, the house was purchased before marriage, and it's currently in your ex-partner's name along with her father's. This complicates the division of property during a divorce because the house may be considered separate property rather than marital property. However, since you have lived in the house for 15 years, contributed to the mortgage, and paid for remodeling, you could have a claim to a portion of the increased value of the home due to your financial contributions.

California is a community property state, which typically means assets and debts acquired during the marriage are split 50/50. However, since the house was purchased before you got married and is not in your name, the specifics can differ. Your contributions toward mortgage payments, refinancing, and improvements might be considered when determining what you are entitled to. This can be a complex area of law, and factors such as how the mortgage payments were made and the extent of the remodel work could impact your case.

You could potentially be entitled to reimbursement for your contributions or a share of the increased value from the time of the marriage. It is important to present all evidence of your payments and contributions to the court to support your claim. The court will consider these details in determining any potential entitlement to a portion of the property or its increased value.

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.