I bought my house pre-marriage. My fiancé gave me the downpayment. The deed and mortgage are in my name alone. He gave me his own money earned before the marriage to pay the mortgage while we are married. He gave it directly to me not the bank. He now wants to divorce me.
The house is probably community property. But you husband also has a CP claim in the house due to the fact that income earned during the marriage was used to pay the loan on the house. To whom he gave it isn't the important fact here.
The character of the house is probably separate property and the money given to you prior to marriage is not within the family court jurisdiction. However, the community has acquired interest in the house by using community money to pay down the principle of the mortgage as well as the appreciation during the marriage. You need to hire an expert to determine the community share vs. the separate share in this house.
This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.
Any separate property he "gave" you to pay down the mortgage is reimbursable to him, also.
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The house is your separate property. I believe that pursuant to Family Code Section 2640(c) that husband would have the right to reimbursement of his (pre-marital) separate property down payment if the home was purchased after 2005 as well as the separate funds he gave you to pay the (principal} on the mortgage. So you would keep the house but you would have to buy him out by giving him back his separate property down payment and principal pay down provided there is sufficient equity to do so. You may have an additional issue in that if you or your husband paid down the principal from your earnings during the marriage the community will have gained an interest in the home plus an interest in the appreciation in a percentage that is proportional to the principal paid down. Then you would also have to give your husband one half of the community interest gained in the home on top of his separate property reimbursement. (This is known in the family lawyer world as a Moore/Marsden calculation.) Your case has very complex family law property issues. You need the help of a family law attorney who is experienced with "complex" property issues to help you to determine how much your husband has a right to receive for his interest in your home. You need to understand this before you try to negotiate with your husband.
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