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Jennifer Louise Mispagel

Jennifer Mispagel’s Answers

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  • I am not yet separated from my husband, but I would like to buy a new house for me and my daughters.

    Will my husband have any right on the new house or it will be only mine because I will be using my personal money to buy it? Thanks

    Jennifer’s Answer

    In California, all property purchased during marriage in generally presumed to be community property. In order to have separate property interest in the house it must be in your name alone and the funds used to purchase the home must be from your separate property. Separate property is any property acquired prior to marriage, after the date of separation, or a gift or inheritance received during marriage (provided the gift or inheritance was kept separate from community property). Community property includes money that you earn by working during the marriage. If you use community property funds to purchase the house, your husband would have a claim to the new house. However, if the “personal money” you use to purchase the house is your separate property, your husband would not have a claim to the property. You should consult an experienced family law attorney in your area for them to be able to provide you with a comprehensive answer and review of your circumstances.

    Disclaimer: Please note that this answer does not constitute legal advice and should not be relied on. As each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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