If my spouse put a down payment on a second condo and he put himself and his dad on title, amI entitled to half of it?

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If my spouse put a down payment on a second condo and he put himself and his dad on title, amI entitled to half of it?

We already own a condo between the two of us that we are currently living in and we split everything 50/50. We have been having some marital problems lately and have been discussing separating. He has had extra money come in and was saying that this second condo is for “our retirement”. I don’t believe him though, as he did not have me part of the signing of the documents. He did, however, bring his dad. We are still together.

Asked on June 28, 2011 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

Hummm.  First let me tell you something that you may not realize.  besides the fact that California is a community property state, meaning that everything is split 50/50 between you, any income that comes in during the marriage is considered marital income and marital property.  So if this "extra income" was earned income that he purchased the house with, that house is half yours - or half of his half - regardless if your name is on the title or not.  The only way it would not be considered yours is if the income was considered separate property (like from an inheritance or prior to your marriage).  Seek legal help.  Good luck.


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