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Josh28
recently joined

Reged: 05/20/11
Posts: 1

CA Property Question

#748060 - 05/20/11 10:08 AM

Hi all -

My wife and I are going through a divorce in CA. I bought the house before we got married in 2005 (married in 2008). Her name is not on the deed, never put any money into the house at the time of purchase and never put any money into the house during the time we were married. The house is currently upside down so there is no equity. My question is, does the house belong to me?

Also - My parents loaned us some artwork before we got married and we have had it in our house since that time. The artwork is valuable (maybe around 15k) and there was never any documentation stating that my parents gave it to us, however there is no documentation that it was just a loan. The artwork does belong to my parents since they bought it. Can my wife try and take claim of owning half of the artwork?

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CAFamilyLaw44
recently joined

Reged: 03/15/11
Posts: 18

Re: CA Property Question

[Re: Josh28]
#749639 - 06/01/11 06:11 PM

Hi Josh,

The house does absolutely belong to you and can be considered as separate property (in the eyes of the court) since you clearly purchased it before your date of marriage, which is the main qualifying factor for whether or not an asset or debt is put into the "separate" or "community" category. And because you did not put her name on the deed, you therefore did not turn the real property into community property so it therefore belongs to you and you alone.

Your spouse also cannot try and take half ownership of the artwork since it is from your parents, though if you are worried about it your parents may have to prove that the pieces are theirs and were not intended as a marital gift which would turn them into community property.

I hope this helps, and best of luck in your situation.

CAFamilyLaw44
[censored].prepyourdivorce.com

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