When you divorced in 2002, you would then be considered legally single and if you then chose to live with your ex, it would only be as legal roommates or in some sort of dating relationship. It does not convey the rights that come along with marriage.
The lender's contract is simply a mistake in stating your marital status and would have no legal consequences.
Additionally CA does not recognize common law marriage. So even if you were still acting as man and wife, it wouldn't legally matter unless you were actually legally married.
When you remarried in 2007, it would have wiped out the conditions of the 2002 divorce and if you should divorce, it would be under whatever new settlement agreement that you both agreed to or a court imposed.
So the long and short of it is that after 2002 until you remarried in 2007, you would have had no marital rights and anything you did would have been as friends/roommates. Either you are legally married or you aren't.
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Does the fact that I contributed payments to the home we purchased in his name only before our second marriage give me any rights to the home?
Well if you purchased it together while you were not married but as partners, you would still be considered an equitable owner of at least some portion of it regardless of whose name it is actually in. Unless you were gifting any payments to him, a court would consider them as some sort of contribution to its equity. You would have to total up any payments or other contributions towards it (taxes, insurance, etc.) and could claim those as your equity in the house.
Ok, I may have more questions later on...thank you!
You are very welcome.
The best to you and yours.
Were these loans or were the money given as a gift?
Do you have any paperwork showing the money going to him?
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We had a joint bank account as husband and wife were our money was deposited to...also, i had a seperate account that I would make bill payments out of and I would also make house payments to the house we lived in and the rental property before our marriage in form of cashier check and checks in my name only. The rental property we bought was in his name only.
Sorry about that, a portion of my response to another customer got pasted into my response to you.
But if you can track all your payments, then you would have an equity interest in both the house and the rental since you contributed towards the payments for them. If he claims the money was a gift, a court would likely not buy that because you were holding yourselves out as husband and wife, regardless of your actual legal status, and it wouldn't be logical for you to make payments on property you didn't have any interest in.
ok, thank you...I'm sure I will have more questions later, again thanks!
You are welcome.
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