Do I owe my spouse money on a property I owned before we got married? 4 Answers as of July 22, 2011

I owned a condo before marriage. As sole and separate property. Since 1988 then in 2006 I put husband on title so he could be President OF HOA Separated in 2010 & he still on title. He gave no money in Condo .Mortgage in my name only. Now he wants 1/2 my condo. Condo was a rental from 1991 til 1999. I have proof that downpayment on condo was my money as we were not married at that time.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You are entitled to reimbursement, pursuant to Family Code Section 2640, of the equity in your condo as of the date you converted the condo to joint ownership, as your separate property, before the balance gets divided 50/50.You will need to retain an appraiser to appraise the condo as of that date, and as of the date closest to trial. If your mortgage was being paid down with community funds (i.e., your or his income) during the marriage prior to the date you converted the condo to joint ownership, your husband may have had a small Moore/Marsden interest in the condo, which might somewhat diminish the amount of your reimbursement. You would best retain an experienced Family Law Attorney to represent you in your divorce case.
Answer Applies to: California
Replied: 7/22/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
If you used community funds from the condo during the marriage your spouse would be entitled to a portion of the condo. Additionally, since you added your husband's name to the title, unless there is another agreement, you may have been deemed to transmute your property to community property. The court may then give you as your separate property the value of the property at the time of transmutation but the increase in equity may be deemed community property. You should contact an attorney immediately to review your documents so that they may provide you with advice which is relevant to your case.
Answer Applies to: California
Replied: 7/20/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Whether your husband will have any interest in the condo will depend if any payments were made on the mortage during the marriage from community property income. Also if improvements were made to the condo from community property assets he may have some interest in the condo. You need to come into an experienced family law lawyers office and bring in your documents as too much is at stake to not get all of the information you can now.
Answer Applies to: California
Replied: 7/20/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
Your husband will not get 1/2 of your condo. If the sole reason he was placed on title was to be a HOA President, the deed can probably be set aside. Additionally, the deed can probably be set aside for other reasons. Even in the worst case scenario, you will receive the value of the property as of the date he went on title, and he could (at best) receive 1/2 of the increase (if any) since the time he went on title. As usual, this case will require specific legally admissible evidence in the trial to achieve your goals. Since the dollars at stake are probably large, you need to get legal representation.
Answer Applies to: California
Replied: 7/20/2011
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