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  1. #1
    Join Date
    Jan 2007
    Posts
    2

    Default Separate vs Community Property

    I had purchased a house in California 5 years ago with my sister. We were single at that time. The ownership is joint and therefore the title will be automatically transferred to my sister if I pass away.

    I will get married this year and we will not living in the house. In case we divorce in the future, will my husband claim a share to the house? If so, what is the methodology to determine his share %? Can a quick claim deed help?

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Separate vs Community Property

    Speak to an estate planning lawyer about having the property transferred to a trust which would keep it entirely outside of the marital estate, and do that before you marry, or consider a prenuptial agreement.

  3. #3
    Join Date
    Jan 2007
    Posts
    2

    Default Re: Separate vs Community Property

    In case I don't do trust or sign a prenuptial agreement before getting marry, what's his share based on if we divorce? Will he entitle half of my basis?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Separate vs Community Property

    It would likely be a percentage of the increase in equity of your share, based upon contributions made toward the principal of any mortgage (or possibly other payments which contribute to the equity) during the course of the marriage. For further explanation, you may wish to read this case.

  5. #5
    Join Date
    Jan 2007
    Posts
    25

    Default Re: Separate vs Community Property

    Why not just get a pre-nup????

    I did because of my assets and just plain ole
    good common sense.

    Myysss well find out right here what is up with
    your partner he/she/it should not care if the
    marriage is sound or will be sound.

    Also the concern is really with your other family
    member on Title.

    Me I would get it cleared up before you marry
    and a very good time to see if your partner
    has money ideas here going into your marriage

    Just my 2 cents

    Skidoddle

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