Is it community property or separate property?

Question

When my current husband & I married I owned the house we are living in, which I received from a previous divorce so at that point the house should be separate property. We refinanced it later, which I understand might make it community property. Within a month or so of refinancing, however, my current husband quit his job, and has not worked since. All mortgage payments have been made by me out of my salary. We are in the process of selling the house and I believe that he is trying to get part of the proceeds of the house. My question is, since this was separate property when we married, even though it was refinanced in both of our names, since I have made all mortgage payments and he has no income, can this still be considered separate property and should all the proceeds be mine?

Answer 1

Community, but have your lawyer bring up the fact that your salary paid all of the house payments - the judge should look at all the facts when determining who gets the money. Plus, if he quit his job on his own, and has refused to go back to work since, even though he is able to, then that says all the more for you.

Answer 2

I do believe when you refinanced your home in both your names, even though you are the only one who had a job to make the payments, it is community property. Unless you have a very good lawyer, I am sorry for your loss. Good Luck!

Answer 3

Depends on the state. In a state like California he is entitled to 50% period. No matter if you owned the house 20 years before you married him. In a state like mine, Ohio, Any difference in value of the home since the day you were married is now community property regardless of names on mortgages or deeds. So if you had $20,000 in equity the day you got married the first $20K of equity is yours. If the equity is $30,000 when you divorce, he will be entitled to $5,000 as his part of the house. Either of you can buy the other out, trade other assets, or sell the home.

Answer 4

Community. When you refinanced in both names it became community property regardless who makes the payments.

Answer 5

Community. Even if you hadn't refinanced in both names, it's community property. You guys were married and lived together. What was yours became his and what was his became yours

Answer 6

are you getting a divorce?

if so, consult a divorce attorney and explaing the situation...

if you can prove your making all payments, they may just award the house to you, and then when you sell it should be yours...

if not. you can try to bargain with him, offering him a portion of the proceeds to quick claim deed him off the property...

that's my suggestion...

Answer 7

that's necessary to envision the guidelines of your particular state for a precise answer. even although there are 8 or 9 states that shop on with the "community belongings" equipment, there are inspite of the actuality that moderate ameliorations between man or woman states. In California, the fashion of brand controls, till the belongings is being divided pursuant to divorce. What which ability is that because this living house is being divided pursuant to the shortcoming of life of a co-proprietor, that's going to pass in accordance to what's said in the call. So, for instance, if dad/spouse owned as joint tenants (with proper to survivorship), spouse receives the living house because she is the surviving joint tenant. If dad/spouse owned as tenants in uncomplicated, then dad's 0.5 passes in accordance to his will, or with the help of intestate succession if there is no will. An exception exists in case you could educate that dad did not signal the deed voluntarily. troublesome to do 14 years after the very actuality. If dad did not upload spouse to call, the living house ought to have remained his separate belongings, which he then would have bequeathed as he needed. And, purely FYI, in California (and that i imagine all different community belongings states besides), if dad dies and not using a will, then in common words 0.5 of the commumity belongings passes to surviving spouse. the different 0.5 passes to the surviving little ones. So, if there is different community belongings, e.g. economic corporation money owed, stocks, bonds, or inspite of, try to be entitled to a area. you want to work out a probate lawyer on your section for further suggestions. Edit: genuinely, I meant that 0.5 of father's area of the community belongings passes to spouse. the the relax, that can be 0.5 of father's 0.5, or one-quarter of the finished, passes to the surviving little ones.

Answer 8

Should be as long as you can prove you have made the payments and that it was yours before him!