Saturday, April 7, 2012

IS A HOUSE BOUGHT BY ONE SPOUSE AFTER MARRIAGE ALWAYS COMMUNITY PROPERTY?

QUESTION: My boyfriend's wife moved out of their house 3 years ago and into the home of the guy she was having an affair with. The house is only in his name and she never worked therefore, his salary paid all of the mortgage payments and he has paid them since she moved out. His parents gifted some money to him for the house. She claims that her parents did too but doesn't think she has proof. She also signed something giving him the house (not sure what). Can this house be considered his separate property?

MY RESPONSE: Not always. The house in your boyfriend’s case likely has separate property and community property components. Your boyfriend should consult with an experienced Family Law Attorney, to investigate, evaluate, and determine those components. More needs to be considered than just the facts stated in your question, including whether or not the house was purchased by your boyfriend before or after the date of the marriage. If there was no Prenuptial Agreement, the payments on the mortgage during the marriage from your boyfriend's work income were payments from a community property source, which would create a partial community interest in the house. Income after separation is separate property of the earner, so your boyfriend's post-separation payments would inure to his separatge property interest.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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