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I have question regarding family law in California. I need…

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I have question regarding family law in California.

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It is very simple. My daughter is getting married in California, her fiance bought a house for them to pay mortgage together. But he did not put her name in the mortgage doc., Nor in the title. If the marriage does not work out any time while her name is ***** ***** the title even though she is paying 50% of mortgage and down payment,, would she entitled to get 50% of the home value by California family law or she would go for tough legal battle?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

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Answered in 1 minute by:
10/4/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
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Property acquired before the marriage would be considered separate property. But increases in equity, etc... is considered community property, which makes it a bit complicated.

Even though California is a community property state, they have rejected the inception of title theory. In most states, property is classified under the inception of title rule, which means that it is classified when the title is received, and all subsequent appreciation, regardless of cause, retains the initial classification. Inequities that result from this rule may be remedied by the equitable right of reimbursement. Under the inception of title rule, a home purchased with, for example, a $10,000 down payment by one party before marriage remains separate property even when its $250,000 mortgage was paid off with marital or community funds.

There is various case law for other state supporting the inception of title theory; however, there is none for California since California has rejected this theory.

The formula for apportionment is that the community acquires a pro tanto (dollar for dollar) interest in the ratio that principal payments on the purchase price made with community property bear to payments made with separate property. Hence, any increase in value (appreciation) must be apportioned accordingly between the separate property and the community property estates upon separation or dissolution.

So in short, the portion that was paid prior to the marriage is separate, but portion during the marriage will be community property. It's not necessarily 50% (unless she can also show that the premarriage portion was 50%). But she'll be able to get a substantial amount back,.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Thank you, ***** ***** luck to you!

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My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (over 50 MINUTES) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

ScottyMacEsq
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