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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband of 8 months did a GRANT DEED, (community property

Customer Question

My husband of 8 months did a GRANT DEED, (community property with right of survivorship ), it has been recording in Conta Costa County in Ca.
He told me that it gives me 50 o/o of the house.
In case of divorce I have been told that I still only get half of the equity gained during our marriage.
Submitted: 8 months ago.
Category: Family Law
Expert:  Ely replied 8 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
If someone in your situation has their name on the title of the home and own 50% of it, then it is considered community property under Ca Fam Code § 770 et seq.
This would mean that in case of a divorce, someone in your situation owns 50% of the home and 50% of the equity as well. The right of survivorship does not give one more rights in a divorce.
The Court has BROAD DISCRETION on how to divide community property so as to affect an equal division. As such, the Court may give the home to A, but then give more assets to B to equate for the home, or to sell the home and then split the proceeds between A and B.
So yes, someone in your situation would still get 50% of the value (including 50% of the equity). It is communal property, so it is split down the middle (so to speak).
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Customer: replied 8 months ago.
He owned the house before we met. We have been married for seven months.
Expert:  Ely replied 8 months ago.

That does not matter. Once he gave you 50% interest in the home - as you state he did - this became community property since he allowed you to place your name on the title.

Ergo, my answer stands as is.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 8 months ago.
would the value of the entire property be split, or just my 50 o/o, and what about the fact that it was recording as a gift, which I thought were not community property
Expert:  Ely replied 8 months ago.
I think there is some confusion here.
Yes, gifts from A to B would be considered B's separate property.
However gifts means things like paintings, jewelry, etc, mostly. In terms of real estate, the following factors control: who owned it, when, and whose name is ***** ***** property.
Even if A owned it before marriage whereas it would have been separate property, it became community property once B got their name on the title as well (even via deed that was a gift).
The value of the ENTIRE property would be split 50/50.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 8 months ago.
Does the grant deed (community property) form used to convey the property mean 50/50 ?
Expert:  Ely replied 8 months ago.
While this depends on the verbiage used in the deed, in most cases, yes.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.