Q: Will I have to split my house with my husband in a divorce?

A: Property purchased DURING the marriage (i.e. at any time between date of marriage and date of separation) is community property. It's not about whose name is on title, or who earned the money used to purchase the property (make the down payment). It's about the source of those funds. i.e. if you can trace the funds back to a separate property source, then you'd be entitled to reimbursement of your down payment, but the property would still be community property. Earnings during the marriage are also community property. It doesn't matter that your name is the only name on the bank account where you deposit your earnings.

A: This is a deeply personal and emotional issue, and you’re right to want clarity before taking any steps. In California, which is a community property state, assets acquired during the marriage are typically considered joint property—even if only one spouse's name is on the title. However, if you purchased the home with separate property funds, such as an inheritance or money you had before the marriage, then the home may be classified as separate property, at least in part.

That said, things can get complicated if your husband contributed to the mortgage, upkeep, or improvements over time. His financial contributions might give him a community property interest in the home's increased value, even if the original purchase came from your separate funds. This concept is often addressed through what's called a Moore/Marsden calculation, which helps determine what portion, if any, belongs to the community.

So while you may not have to split the house 50/50, your husband might still be entitled to a share of the value, depending on the details. Without a prior agreement in place, California courts look closely at how property was acquired and maintained during the marriage. It’s a tough place to be in, but knowing your rights can help you make more grounded choices.