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Divorce/Community Property - impact on House mortgage in my name - I paid 100% costs?

Fremont, CA |

Hi there,

We are going through a divorce. What are my options please? (I know this will be Community Property).

I bought a house on mortgage. I have paid 100% of the deposit and ALL the monthly installments so far. (Spouse does not earn).


PS: All monies were earned during marriage. The title and EVERYTHING else is in my own individual name.

Attorney Answers 4


From the facts given it appears to be all community property if all the moneys used were earned during the marriage and whose names are on the title?

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Yes all monies were earned during marriage. The title and EVERYTHING else is in my own individual name. Thanks.


You are short of facts here but if the home was bought while married and funds paid were earned by a job while married, it is all community property.

You need to sit down with an attorney and figure this out.

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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If you paid money you had before you were married towards the down payment, you are entitle to reimbursement. In regard to payments made during the marriage, your income in her money and her income is your money; even if she had no income. Show the real fact to a Family Law Attorney, and he or she can give you an answer within minutes.

If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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Based on the facts you have presented, if you paid the down payment on the house with separate funds earned prior to the marriage, then you would be entitled to a reimbursement of those funds when you divorce. However, community earnings (those monies earned by either spouse during marriage) which paid the mortgage payments make the property community property as to the rest of the equity in the home. You should retain an attorney to assist you with this.

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