Q: CA-is my husbsnd entitled to the equity in my home after the date we officially filed legal separation in court?

A: More information is needed, such as when the home was acquired [i.e., pre or post date of marriage]. If the home was purchased by one spouse prior to marriage, then, under the Moore-Marsden rule, the increase in value of a separate property asset (such as a home or business) that is due to community efforts—such as one spouse’s income, labor, or contributions during the marriage—can be considered part of the community property and subject to division. The formula considers both the proportion of the community’s contribution to the asset and the asset's overall value at the time of divorce. This rule ensures that the community property, or the marital estate, receives a fair share of any appreciated value that occurred due to the efforts or contributions made by the spouses during the marriage. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: In California, property and debts acquired during marriage are generally considered community property, to be divided equally upon separation or divorce. However, the date of legal separation is significant because it marks the end of community property accumulation - any equity built after this date would typically remain separate property.

Since your husband didn't contribute to the down payment or mortgage payments, and assuming you purchased the home before marriage or used separate property funds, you may have a strong claim to keep the equity. The court will consider factors like the source of funds used for payments, when the home was purchased, and whether any community funds were used for improvements or payments during the marriage before separation.

You should gather documentation showing the home purchase date, down payment source, and all mortgage payments made before and after marriage. This evidence will help establish your separate property claim. Consider working with a family law attorney who can review your specific situation and help protect your interests regarding the home equity division.