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


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.

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