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.
Family Law Attorney
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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General Practice Lawyer
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.
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3 lawyers agree
Divorce / Separation Lawyer
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.
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Contracts / Agreements Lawyer
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.