Is she entitled to half of the equity in our home?

We were married 6 years ago. Before our marriage, I owned 2 homes which we sold and then we bought another one and later sold that. With the equity, we purchased a $50,000 camper. My wife’s name has never been on any homes or the camper. If we sell it, is she entitled to half?

Asked on March 3, 2018 under Family Law, California


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

Answered 2 years ago | Contributor

Community property is property purchased during marriage.  Each spouse has a one half interest in the community property.
Separate property is property purchased before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.
Since the first two homes you purchased prior to marriage, they were your separate property and your spouse has no claim
The third home was purchased during marriage.  Therefore, it is community property and your spouse has a one half interest in the proceeds from its sale.
The camper was purchased during marriage and therefore is community property in which your spouse has a one half interest and if sold, a one half interest in the proceeds.

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