Is land owned prior to marriage to be included in community property settlement if a house has been built on it?
Since a permanent dwelling has been built on husbands property, will said land be included in division of assets?
Attorney Answers
2
William Moore ·
No. The land, if owned or acquired before marriage, is his separate property. If the community improved the property by building a house on it, the the community estate needs to be reimbursed for the improvement. Talk to an experienced family law attorney. Get professional help in this divorce so you don't take a bath.
0 upvotes
Matthew Sossi ·
Please have a lawyer review all real estate documents in question. The lawyer needs to find out if the note under which the land was purchased was refinanced under both parties names - this might change the characterization of the property from separate to community. As the other attorney stated there are reimbursement claims as well that can be joined in the divorce proceeding.
0 upvotes
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