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The house ownership itself would be considered "separate property" and he would not have any claim to the property. That is, he could not force you out and make it his home. He could potentially have a claim to the equity increase resulting from any mortgage payments made during the marriage by community property funds (present wages).
But if you have completely purchased your house, then he wouldn't even have a claim to those.
To the extent that he would have a claim to the present mortgage payments, again, that's based upon the increase in the equity due to the paying down of the principal, and typically he would have a right to about half of that value that occurred during the marriage. Now if any of these payments were made with separate property funds, he still would not have any rights to those.
And again, he would not have any claim, whatsoever, to the house. That would be considered separate property and not part of the "marital estate" subject to distribution in divorce.
no I am still making payments, an agreement would be better to protect me and my children? , my living trust would it be valid after being married? if something happens to me the house would be for my children? he has children living with us also.
Yes, that's correct. Again, he has no claim against the house itself. Any claim would be to a dollar figure, equal to (roughly) half of the increase in the equity in the house that occurs during the marriage, as a result of paying down the principal. You could just say half of the principal payments that are made during the marriage (assuming the equity increase would equal or exceed that).
An agreement could say that he would not have any rights to that monetary amount. But again, he would have no claim to the house itself.
Does the agreement has to be made certain amount of time before marriage, can I do it with you over the phone or I need a local lawer, is this a prenuptial agreement?
This would be a prenup, yes. I can't do it, because that would constitute legal representation (and is prohibited on this site per the terms of service). You don't need a lawyer, as you can find a number of sites that would have these forms on it.
we had been living together in the house for the last 4 years, does he has any equity gain for those years or is only after marriage?
For instance here: http://www.uslegalforms.com/premarital/california-premarital-agreements.htm
It's only after marriage.
there's no common law marriage in California, so he would not have a claim to any of that equity gain pre marriage.
The community property law does not come into effect until you get married.
I put down $200,000 and have been paying the payments since.
Okay... Is that a question?
Or did you have a question relating to that?
Do I keep the title only on my name?
If you add his name to the title, he could claim that you intended that he have a community property interest in the entire house.
do I need certain amount of time before married to sign the agreement? do I need notarized it?
No. You can do it right before the ceremony even, although the sooner the better. It should absolutely be notarized.
ok, thank you so much for your help, have a great day.
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