Do I have rights to a home purchased after my husband and I got married, even though I signed a paper during closing stating I have no interest in the house?

My husband and I closed on a house loan is under his name only a few months after we married. I had poor credit back then so we decided to not put my name on the loan and I was to sign a paper stating I had no interest in the property. We are now divorcing and I have paid half the mortgage for the past 8 years. Payments were made through a joint checking account. Will that paper I signed at closing keep me from getting half the equity in the home? Will I get anything?

Asked on December 13, 2018 under Real Estate Law, California

Answers:

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

Answered 1 year ago | Contributor

Community property is property acquired during marriage and income during marriage. Each spouse has a one half interest in the community property.
The house is community property because it was purchased during marriage. Mortgage payments from the joint checking account from income during marriage are community property.
Therefore, you should argue that the above community property argument overrides the document you signed renouncing your interest in the property, and you have a one half interest in the home and its equity.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.