How will rental property purchased before marriage be affected by divorce? 6 Answers as of March 29, 2011

I owned a rental property at the time of marriage. I paid the rental property mortgage and expenses with the rental income received. My marriage was only an 8 month marriage. How is this situation treated for purpose of divorce? Rental expenses minus rental income equal virtually zero.

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Goldberg Jones
Goldberg Jones | Zephyr Hill
In general, the property is still yours with some very small exposure for reimbursements if any community funds were spend on your separate property.
Answer Applies to: California
Replied: 3/29/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
This property will remain separate property if all of the facts in your statement are true, being that there was no co-mingling of community property money spent on the rental property.
Answer Applies to: California
Replied: 3/28/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
It should be your separate property and the community should have no interest. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 3/28/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
If you did not have a premarital agreement, then the rental income received between the date of marriage and date of separation is presumed community property. If those funds were used to pay down the principal balance of a purchase money loan (mortgage), then your wife could claim a pro-tanto interest in the property. However, based on the facts you stated in your question, that portion (the principal reduction during marriage) would likely be so small, if anything, that Wife's potential community interest in the property (acquired via any principal pay down with community property funds) would not be worth litigating over, especially paying attorney's fees to battle it out. One way to handle it would be to reimburse her for her community share (1/2) of any principal reduction payments that were made, and then have her confirm in a settlement agreement that the property is your separate property.
Answer Applies to: California
Replied: 3/28/2011
Bartholomew & Wasznicky LLP
Bartholomew & Wasznicky LLP | Hal D. Bartholomew
Assuming you never added your wife's name to the property, you should be able to show that it is your separate property. By paying the mortgage and expenses from the rental income confirms that the community income during the marriage did not benefit your separate property. Therefore, the community should not have acquired any interest at all in the property. You should also make sure that any income taxes stemming from the property are also paid by the separate rental income. You should retain an attorney and proceed with the divorce.
Answer Applies to: California
Replied: 3/28/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    So long as you didn't supplement any costs of ownership or rental-related expenses of your rental property during the marriage with income of you or your wife, and so long as you didn't refinance the rental property during your marriage, your wife likely will not have any community interest in your rental property.
    Answer Applies to: California
    Replied: 3/28/2011
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