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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34536
Experience:  12+ yrs. of experience including real estate law.
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I owned my house before I got married. It is now a rental

Customer Question

I owned my house before I got married. It is now a rental and I live with my husband. I'm in the process of refinancing my rental house but I'm wondering if, even though I'm keeping it in only my name, will my husband gain any legal interest in the property and be entitled to that in the case of divorce in the future?
Denise Otterbach
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Great question...that is, since CA is a community property state, IF you refi the property AND IF you pay the mortgage for the property with money earned during the marriage? Then the property, or a least a portion of the property, would be considered community property under CA law.

One way to avoid this would be to ensure that you keep the rental property totally separate. You have a separate bank account that only you have access to and that income from the home is deposited into this account and that you ensure that any expenses related to the home (for example, mortgage or maintenance) come from that account alone. A great way to set this up is to create a trust, place the property into trust as well as the associated bank account.

Bot***** *****ne: if you brought the property to the marriage, it will be considered your separate property, and not community property, IF you keep it separate.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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