How might a family home be divided in a divorce when we own it as community property w/ right of survivorship in CA.

3 views 3 answers
We have been together for most of the last 7 yrs & married ~2 yrs ago. We sold a house in my wife's name last winter & put the proceeds & an inheritance she received while we were together into a new home. The mortgage was paid from a joint account I have contributed all my income too. She talked about this as our home from the beginning. Now she has decided she doesn't want to be married to me and expects me to move out and give up all interest in the home. This would leave me in very bad straights- in a new town, w/a new job, w/no resources. I'd received an inheritance as well during this time which went to pay off a debt. She makes at least twice what I do. What rights do I have? If she used her funds to buy our home, am I entitled to any part of the equity in the home?

Attorney Answers

3
Edna Straus ·
Yes, you have some rights in the home, but the determination of who owes who reimbursement and for how much will be complicated. You need an attorney --or a certified divorce financial analyst.
0 upvotes
Paul Eads ·
Sell it, buy out or deferred sale. Those are your basic options.
0 upvotes
Bryan Smith ·
You will need a family law attorney who has the expertise (or can retain someone) to trace each of your financial contributions to the house. In this case, the community property title of the house is secondary to how much money or equity each of you contributed, and whether that contribution was separate or community property at the time it was invested.
0 upvotes