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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28052
Experience:  Attorney with experience in family law.
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My husband and I purchased our home together in 2007 before

Customer Question

My husband and I purchased our home together in 2007 before we were married. Our names are ***** ***** the title and the mortgage. WE married in 2008. Since the purchase I have made all mortgage payments, tax and insurance payments on the home from my bank account.
What are my rights if we file for divorce? If the home is in both our names but I have paid for it, what happens if there is a community property dispute?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.

The house is a joint asset because you purchased it together. Unless there is a written agreement otherwise, property owned jointly is shared 50/50.

In addition, all property acquired during the marriage is community property - including your paychecks. Therefore, it is unfortunately not relevant who made payments toward a house during the marriage - all payments increase the equity in the home, which is also a community asset. The judge will split the equity 50/50. I'm sorry to say, it's not at all relevant who made the payments.

Either you will be able to keep the house and buy out your husband's share, or the house can be sold to a third party and the proceeds split between the two of you.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.