If my name is on the title, do I get half of it? 3 Answers as of September 25, 2017

We have a house my husband bought few months before marriage. He claims that this is his personal property not community property because he bought it few months before the marriage. But the mortgage payments were made during our marriage and my name is on the title.

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Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
There is a joint title presumption if you are on title to the property. Also, if the community was paying the mortgage loan the community would also have an interest for that reason. Unless there is other evidence that you and your spouse did not intend to be equal owners, you would probably be half owner. If either of you put in a down payment, that person may be entitled to a reimbursement.
Answer Applies to: California
Replied: 9/25/2017
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
No you do not automatically get one-half. This will be an accounting procedure to determine the 2-interests in the property. Your husband would get the equity before marriage and you would get a portion of increased equity. This can be a very complex accounting depending on many factors, far to lengthy for a short answer like here. When you are dealing with fragile economic issues in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
Answer Applies to: California
Replied: 9/25/2017
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
More information is needed about the acquisition of the property. If marital earnings were used to pay down any principal in the house then there's going to be a community interest whether your name is on the deed or not. Please meet with an experienced family law attorney to explore your options.
Answer Applies to: California
Replied: 9/23/2017
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