Do i need to split my community assets such as my property and my furniture/appliances equally with my husband?

Asked about 2 years ago - Anaheim, CA

We've got married in Feb and we've separated in beginning of May. I bought the house in April and haft of my down payment was coming from my mom and sister gifted money and the rest was coming from my bank account. He bought the furniture by using his credit cards. I have been making mortgage and credit card payments since then. He had put $10k to down payment as a gift money to me, but he had made no contribution to either mortgage or credit card payments. Mortgage loan and the deed of trust are both under my name only. He had no job back then and he couldn't be on the loan since he have had no income in the past. He wants me to split haft of everything when we file divorce. He also broke in to the house by breaking my window and police came but i didn't press charge him but i have pics.

Attorney answers (3)

  1. Carol Anne Jasinski

    Contributor Level 11

    3

    Lawyers agree

    Answered . Community property should be divided equally between the spouses at the time of divorce. But, you and your husband can always agree to a different division of property. Based on the facts you stated, at least some of that property may not actually be community property. You should consult with a lawyer in your area to sort it out.

  2. Richard Eric Anthony Dwyer

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . You should retain a good lawyer given the possible contentiousness of some of the issues.

    Legally, your spouse is entitled to half of the community property. The question of what is "community property" will be the battle. One will claim "gift" the other will claim "reimbursable contribution." The classification of your assets and liabilities will determine your case.

  3. Donald Frederick Conviser

    Contributor Level 19

    2

    Lawyers agree

    Answered . Net community property is divided 50/50 in a divorce. If you bought the house as your Separate Property as a married woman, then any mortgage paydown done with your or your husband's postmarital earnings would create a pro tanto community interest, since both parties' earnings during the marriage are community property. If you bought the house in joint tenancy or as community property with your husband, you are entitled to reimbursement of traceable separate property used for the acquisition and mortgage paydown. Whether or not the $10K contribution to the down payment would be considered a "gift" to you depends on the particular facts. The furniture would be community property, and its outstanding debt would be a community debt.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Community Property in Divorce

Community property refers to property that is acquired after marriage and considered owned by both spouses. Nine states use this system.

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