If I bought my house mine and my mom’s names and my mom paid the mortgage, can my ex-wife get half the house?

UPDATED: Feb 15, 2012

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If I bought my house mine and my mom’s names and my mom paid the mortgage, can my ex-wife get half the house?

My mom and I bought the house together 10 years ago. She always paid mortgage. I am now getting divorced and my soon-to-be ex wants half. I have been on disability for 7 years paying her child support. Since my mom legally has been paying even though my name in on deed, does my ex have rights to half?

Asked on February 15, 2012 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay here is what it boils down to.  This was an asset purchased prior to your marriage.  One the outset it is deedmed to be seperate property.  However, it can be charachterized as a marital asset or quasi maritl asset if your wife can prove that there was an intention to make it marital property.  If you never placed her name on the deed then that is a plus.  But there are so many factors that need to be considered and you need legal help.  Good luck.

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