My boyfriend wants to take care of his parents and buy them a house, I don't want to live with them, I told him he can buy them a house. But if I bought another house and paid for the mortgage on my own after we got married, so I had my own place to live with him and we divorced would i have to split it the house I paid for on my own with him? i live in CA
2007-10-24 12:36:33 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
coragryph is correct that the best way to deal with this would be something in writing before you purchased the property. Note that you say you would pay for the house "on your own," but that is not really true. Your earnings after marriage are NOT your own, they are community property (unless, again, your husband specifically agrees to the contrary). So your husband has to agree that you can buy separate property with what would otherwise be community money.
He would NOT have to agree if you bought the house with truly separate money (e.g., money you got as a gift or inheritance, or earned prior to marriage), but you would want all records to reflect this as clearly as possible at the outset.
2007-10-25 09:25:47 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Different states have different laws -- and not all states follow community property laws at all.
The basic rules are that if a property is acquired during marriage -- it is presumed to be a community asset, unless specific procedures are taken to keep it the separate property of one spouse -- but if a property is already owned by one spouse prior to marriage, it generally remains the separate property (though the other spouse may be entitled to a percentage of any appreciation).
California community property laws follow the general rules -- and you can specify in writing when an asset is acquired whether it will be treated as separate or community property -- that's the best way to handle it -- don't leave it to the various statutes -- put it in writing at the time the property is purchased whether it is considered separate or community property, and what would happen to it on death or divorce.
There may be some reassignment of appreciation on the property that cannot be avoided in writing -- but generally, putting everything in writing gets you around most of the issues.
2007-10-24 12:53:00 · answer #2 · answered by coragryph 7 · 4⤊ 0⤋
Normally, the property you have before getting married remains your property after a divorce but I think that may be different from state to state.
2007-10-24 13:40:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think you can draw up an agreement of community property, stipulating that the house and any equity in the house shall remain your separate property in the event of divorce.
2007-10-24 12:42:53 · answer #4 · answered by Scott K 7 · 2⤊ 0⤋
You would have to split the value the house increased from the point of being married and forward. So if you were married for 2 years and the house appraised for $20,000 more than what you bought it for, he would be entitled to $10,000
2007-10-24 12:39:37 · answer #5 · answered by Gef J 3 · 2⤊ 1⤋
pre nuptual you can only write the house in to the agreement
2007-10-24 12:44:55 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If you are really worried about it get a prenup.
2007-10-24 12:42:18 · answer #7 · answered by nonymouse 2 · 2⤊ 0⤋
no if you buy the house on your own and pay for it and only your name is on the deed/title it is yours alone
2007-10-24 12:43:36 · answer #8 · answered by goat 5 · 0⤊ 5⤋