If I live in a community property state with my husband, what are my rights to out of state property that is his name only?
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If I live in a community property state with my husband, what are my rights to out of state property that is his name only?
My husband secretly purchased property in PA while still living with me in CA. What are my rights to that property as his spouse? He wants me to sign off on the property so that he can refinance it at a lower interest rate. My name is not on the deed or the title to that property. I don’t want to put my name on it, however am I still part owner under community property laws?
Asked on April 10, 2017 under Real Estate Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Community property is property, income, debt acquired during marriage. Each spouse has a one half interest in the community property.
Separate property is property, income, debt acquired before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
Since the PA property was acquired during your marriage, it is quasi community property and you have a one half interest in the property.
Quasi community property is property acquired during marriage that would have been community property had it been located in CA. The fact that it is located out of CA, CA still considers it to be community property and therefore you have a one half interest in the property.
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