We live in CA, our house is in his name only, he thinks I cannot touch it, is that true? What about share property in CA law?
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We live in CA, our house is in his name only, he thinks I cannot touch it, is that true? What about share property in CA law?
I want to file a dissolution through divorcewriter.com, I don’t care about
splitting anything, I take my stuff he takes his. Our house is in his name
only and people are telling me that in CA no matter whose name is on the deed,
if you are married it is shared property and that I should get my 1/2 of the
house. Is this true? For me, I just want away from this marriage could
care less about the house. I already moved out and just want to end the
marriage. Please advise, thank you.
Asked on June 9, 2016 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 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.
If the house was purchased during your marriage, it is community property and you have a one half interest in the house.
If the house was purchased prior to marriage, it is your spouse's separate property and you have no claim to the house unless improvements were made to the house from coummunity property funds (income during marriage). Then, you would have a one half interest in the enhanced value of the home due to those improvements.
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