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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 37001
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am a married man in the State of California who has bought

Customer Question

I am a married man in the State of California who has bought a home using my VA benefits. My wife, who already has a child is on title but not on deed which means that I am the one paying the mortgage. My question would be what are my rights in the case of a divorce? Would the property be divided evenly or would she maintain possession of the home?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: No. I just want to know what my rights are.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not planning on it
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  Barrister replied 6 months ago.

If you purchased the home while married, then it is considered a marital asset and since CA is a community property state, it would be divided equally in the event of a divorce. It doesn't matter who pay for the house, just that it was purchased during the marriage.


So a judge would say that the house is jointly owned, but either party could request "partition" where it is sold and the proceeds divided once any loan is paid off.