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Is my home community property?

Sacramento, CA |

I am going through a divorce . The home was purchased during the marriage but the title of the property is solely in my name . At the time of the purchase , an Inter spousal deed was executed and my husband acknowledged that it is my separate property in that document . Additionally , the down payment on the property was made from his separate property . He is asking for his down payment back as well as 50s of the remaining equity . Is he entitled to that .

Attorney Answers 3


it will depend on various factors and any agreements. The court might consider the down payment a gift or it might be considered his separate property. It is also possible it might be considered community property if it was given to him for the down payment. He also might get his part of community property of payments toward the mortgage. Too hard to tell and it might come down to the judge's decision.

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Based upon the facts you have provided, the answer to your question is complicated with several variables that require legal research and analysis. I recommend that you consult with a family law attorney for advice about the possibilities presented by your situation.

Disclaimer: If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law and should not be relied upon as legal advice. This response does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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You need to consult with an attorney in person. Depending on other facts not stated in your question, to determine your husband's interest in the property, if any.

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