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  1. #1

    Default Divorce and Community Property

    My question involves a marriage in the state of: California

    Husband and a partner purchased a home in California intended for rental property. Husband decided to live in the home and pay the mortgage until they could rent it. Six months we were married that same year and both lived in the home together for five months. He decided we would relocate to another state and we rented the property. He put the home on the market before we separated, he moved back to California asked for a divorce and sold the home to the tenants at a profit. Is his interest in this home community property because we lived in the home during our marriage?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Community Property

    Community property doesn't necessarily require living in the home.

    I gather that you are not an owner on the deed.

    That makes his interest his sole and separate property when it comes to ownership.

    Whether you have a marital interest in the property under community property laws depends on where the money came from to support the property.

    I also see an issue with possible multi-state residency and the actual dates that everything occurred are probably going to matter.

    So, after all that, guess what.

    You're going to need a lawyer if you intend to get any money out of him from that profit.

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