If my husband and I lived together in his condo for 4 years before getting married and now he is selling it, do I have any rights to the proceeds if we divorce?

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If my husband and I lived together in his condo for 4 years before getting married and now he is selling it, do I have any rights to the proceeds if we divorce?

I am not on the property dead but lived there for 4 years before we married. He wants to put the profit into a market account in his name. We live in a community property state.

Asked on June 29, 2015 under Family Law, California

Answers:

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

Answered 5 years ago | Contributor

Community property is property acquired during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Since your husband purchased the condo before marriage, it is his separate property.  You would not have a claim to the condo; however, if there were improvements made to the condo during marriage and those improvements were made from income during marriage, that income is community property and therefore the improvements to the condo during marriage are community property.  You would be entitled to one half the amount of the enhanced value of the condo during marriage resulting from improvements to the condo made during marriage with income earned during marriage.


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