1) The property is your husband's separate property, subject to a Moore-Marsden community interest based on equity paydown and/or improvements paid for with community property. 2) The loans don't change the ownerhip, but if the property was refinanced during the marriage, and if the lender relied on community credit (your and/or your husband's earnings) during the marriage, the loan proceeds could be deemed to be community property. 3) If your husband actually worked on his separate property investments, as opposed to merely receiving rental income from passive investments, the products of his work and energies spent during the marriage could be deemed community property. Passive rental income of separate property is separate property. You would best retain an experienced Family Law Attorney to advise and represent you.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
I am sorry that you are going through this, your state is a community property state and you are correct in part of your assertions. The rest you really need to sit down with a local Encino attny and go over the specifics. take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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