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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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my husband bought the home in 1997 and married me in 2001.

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my husband bought the home in 1997 and married me in 2001. He said if he divorced me and the house will be his separate property, not community property? is it true
Thank you for your question.

Since he purchased the property pre-marriage, the property will be deemed his and would be considered separate property. However any growth in value would be considered marital growth and you could conceivably gain half of that value.

For example, if he purchased the property for $100,000 in 1997, and when you were married the property was worth $150,000. Now, 2010, the property is worth $350,000. The $200,000 growth in value would be split in half, and you would be entitled to the $100,000 increase in the price.

How that helps.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 7:44 AM EST
Customer: replied 6 years ago.
in 2003 we refinanced the house and the mortgage then is under both names, what is your advise?
Thank you for the follow-up.

While the mortgage is under both name, ownership is still his if your name is XXXXX XXXXX the deed and title of the property. That means that you are liable for the costs, but you still do not have an actual ownership interest in the property.

However, a smart attorney can claim that in 2003 your husband at the time did transfer his interest in the property to you due to the refinancing--he would have to show that via actions of parties and by circumstantial evidence. That is not a sure-fire win, but it does give enough doubt to the judge that the judge may award a portion of the interest in the property to you.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 7:16 PM EST
Customer: replied 6 years ago.

In 2003 when we refinanced the house, he transfered his ownership to both of us, his name and my name, and the deed of the house is "Quit Claim Deed". If that is the case, would you please clarify on my share of this community property when divorce granted. What is my percentage?

Thank you for the follow-up.

If you have a quit-claim portion of the property, then whatever the quit claim states as your percentage, that is your ownership stake (typically it is 50%, but without seeing the quit claim document for myself I cannot give you a fully definitive answer).

In a "quit claim deed" situation, you are an equitable owner of the interest in the property--you do own whatever the deed specifies. If there is no specification, your interest is half of the property from 2003, and half of whatever growth it incurred since there.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 2/2/2010 at 5:51 PM EST
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