2007-08-20 07:45:18 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I sure am tired of people trying to take something they didn't earn or deserve
2007-08-20 07:54:41 · answer #1 · answered by Stinky Peterson 2 · 0⤊ 1⤋
As you may be able to tell, there are so many permutations of this question it is hard to give a definitive answer. It is correct that property bought prior to marriage is usually separate property. This does not mean you have NO rights; for example, if he died without a will, you would be entitled to a certain percentage of his separate property, depending upon what other heirs might exist.
Additionally, separate property can be converted to community property by "commingling," it can be given to the community as a gift, etc., etc. So, unfortunately, the only accurate answer is: maybe.
2007-08-20 18:58:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Based SOLELY on the facts you presented, No.
Now, if there are other facts you haven't posted, that might change.
ACTUALLY DAVID: in california that is NOT correct. Simply paying the mortgage, utilities or even small projects around the home such as maintenance is not enough, according the the California Supreme Court to convert the asset from sole to joint ownership.
In this case, with a home, the only way to convert such (adding to what John said) is by refinance or significant structural alteration which requires financing in both names.
And then the question becomes, at what point does the 'partner' gain ownership interest and at what rate? And that is most likely at zero beginning at the point of the conversion. Which would mean, if the home was worth $500,000 and was converted 10 years ago, and is now worth $1 million, the partner's share of the equity would only be based on the later $500,000 or $250,000 (absent a finding of unequal shares).
The California court has equated mortgage and other incidental payments by the non-owning partner as rent without ownership interest.
2007-08-20 14:48:54 · answer #3 · answered by hexeliebe 6 · 1⤊ 1⤋
If your husband bought property before you were married and paid for it all himself, you have no rights to it unless he died, then in probate you may be entitled to a portion of it depending on succession rights and/or his will. If he bought it before you were married, but community funds are still paying for it, you have some interest in it- like half of the equity earned during the time of your marriage only.
2007-08-20 14:55:38 · answer #4 · answered by Flatpaw 7 · 0⤊ 0⤋
I stand corrected
California is a community property state. This means that all property married couples acquire while domiciled in California is community property. Each spouse owns an equal share of all community property.
Separate property is all property owned separately by the husband or wife before marriage. It includes all property acquired separately after marriage, such as gifts or inheritances. Separate property also includes money earned while domiciled in a separate property state. All property declared separate property in a valid pre- or post-nuptial agreement is also separate property.
Community property ends when either one of the spouses dies. It also ends when the decree of dissolution becomes final or when the couple separates with no intention of rejoining. For more information on community property, see IRS Publication 555, Community Property.
2007-08-20 14:50:19 · answer #5 · answered by Anonymous · 0⤊ 1⤋
This is not a yes or no answer. If he bought it before marriage AND paid for it completely before marriage, you have no rights to it. If you helped pay for it during marriage, you acquired equity rights with each payment. If you helped improve it, you have equity rights. What you do not have is an ownership right. If he bought it, paid for it and made no improvements on it after you were married, you have no rights to it whatsoever--unless you have a pre-nup that says otherwise.
2007-08-20 15:14:57 · answer #6 · answered by David M 7 · 4⤊ 0⤋
No, property owned before the marriage remains the sole property of the owner.
2007-08-20 16:11:28 · answer #7 · answered by justa 7 · 0⤊ 0⤋
Usually not, unless it's in the pre-nup somewhere. For the most part, you don't have rights to something your spouse owned before you got married.
2007-08-20 15:06:53 · answer #8 · answered by Hillary 6 · 0⤊ 0⤋
If you are living in it . . . you can decline to sign any papers transferring ownership. If you can prove that this home is your legal residence . . . you have limited rights. However, you do not have the authority to sell the property, refinance, etc. He can not force you to move out without a court order (which he can easily obtain).
2007-08-20 14:53:12 · answer #9 · answered by CHARITY G 7 · 0⤊ 2⤋
Cali is a community property state.
2007-08-20 15:59:54 · answer #10 · answered by Tink 3 · 0⤊ 1⤋
I certainly hope not. If he bought it before you were married you shouldn't get sqwuat. Same goes for him and your possesions.
2007-08-20 14:49:29 · answer #11 · answered by Anonymous · 0⤊ 0⤋