Is property communal?
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Is property communal?
She purchased the property in 2003, we married in 2007. We moved into the place together. Refinanced the place in 2016 in both our names. Mutual money has gone into the place, it is now a rental.
Asked on March 6, 2019 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Community property is property purchased during marriage.
Separate property is property purchased prior to marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
The property purchased by your wife prior to marriage is her separate property.
The enhanced value of the property during marriage with income during marriage is community property. Therefore, you would be entitled to half the enhanced value of the property during marriage.
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