Is property communal?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption