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#770795 - 10/06/15 11:14 PM Community or Separate Property
DolphinVJ Offline
recently joined

Registered: 04/24/08
Posts: 4
I have a rental property that was purchased during our marriage. My wife and I had a post marital agreement notarized to have it as a separate property and not a community property and owned as 80/20 in tenants in common. The deed/title also reflects 80/20 and as tenants in common. If we go through a divorce, will this 80/20 stand up or will it be split 50/50? We live in California. Thank you.

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#770796 - 10/09/15 11:26 PM Re: Community or Separate Property [Re: DolphinVJ]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 347
I believe if the two of you agree you can draw up a stipulated judgment and split it however you want.

If you litigate it's hard to say what a judge would decide, you'd probably need advice from a lawyer as to what the likely outcome would be, and even with that it's a crapshoot.

More than likely your lawyer will tell you that the 80/20 will definitely stand, and her lawyer will tell her she can definitely get 50%. Only thing certain is that it will cost you both a bunch of money to find out which lawyer is right.

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#770797 - 10/15/15 08:51 PM Re: Community or Separate Property [Re: TJMH]
DolphinVJ Offline
recently joined

Registered: 04/24/08
Posts: 4
Thank you for your reply.

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