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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 32550
Experience:  30 years of real estate practice experience.
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Married in Ca 12 years ago .... at time of marriage moved

Customer Question

Married in Ca 12 years ago .... at time of marriage moved into house owned by wife's moms .... I'm in construction and I made many capitol improvements to property... house was gifted to wife 3 years ago....I was put on deed 1 year ago....she is divorcing me now....do i have a clam for some of the equity
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Was there any limitations or agreements entered into in conjunction with your addition to title?

Customer: replied 1 year ago.
no
Expert:  Loren replied 1 year ago.

Then you are entitled to ownership rights of anyone else on the deed. In other words, if you are a 50% owner with your wife then you are entitled to 50% of the equity.

Expert:  Loren replied 1 year ago.

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Customer: replied 1 year ago.
what about a transmutation I hope I'm saying that right
Expert:  Loren replied 1 year ago.

If it is deemed a transmutation issue then your spouse would be entitled to reimbursement. If there has been a valid transmutation, then the first spouse is entitled to be reimbursed for the value of their separate property contribution to the community (absent an express written waiver of this right of reimbursement).

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