If my wife and I got a house after we got married but it’s not in my name yet I made all the payments, am I entitled to a share of it?

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If my wife and I got a house after we got married but it’s not in my name yet I made all the payments, am I entitled to a share of it?

It is in her and her grandmother’s names. We got the house 6 years ago and closed on it after we were married.

Asked on June 30, 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.

The house is community property since it was purchased during marriage.  The payments you made on the house are community property since those payments are from income duirng marriage. 

Therefore, you are entitled to a share of the house.  There would need to be an apportionment to protect the grandmother's interest in the house apart from you and your spouse's community property share of the house.


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