common property after loan modification ?

My friend and I bought a house in 2001, he got married in 2008, we did a loan
modification in 2011. His name does not appear on the loan anymore but it is
still on the deed. He is now going through a divorce, he still lives in the
property but she has never lived there. does she have any rights to the house ?

thank you .

Asked on October 7, 2017 under Family Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Between your friend and his wife, the house would have been his separate property because it was purchased before marriage. A spouse has no claim to the other spouse's separate property.
However, if improvements were made to the house during marriage and those improvements were paid from community property funds which would be income during marriage, then the ex would have a one half interest in the enhanced value of the home from those improvements.

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