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2 Bumps

If my name was never added to the deed of our home, and my husband owned it before we were married, after living in the home for 10 years and being married for ten years in California, how would a judge rule in a divorce settlement in regards to the home?

Answer Question

Asked by jhannelore at 1:08 AM on Nov. 18, 2010 in Relationships

Level 2 (4 Credits)
Answers (7)
  • Most likely your husband would get the home because your name is not on it. However, you could be entitled to some of the profits of it, but you two would most likely need to agree on how much of the house you'd get (in mediation). If you couldn't, you'd need to go to court where your husband would most likely be rewarded most of it.

    Answer by ChelseaUT at 1:16 AM on Nov. 18, 2010

  • California is a community property state, all property owned by a married couple is split 50/50 upon divorce.

    Answer by rhianna1708 at 1:32 AM on Nov. 18, 2010

  • I would call a lawyer and ask. A lot offer a 30 minute free initial consultation so write your questions down to save time and see if you can find one who offers that. Just to be sure. The advice you get on here is great but you really never know who is giving it, KWIM?

    Good luck!

    Answer by Allergic2Stupid at 1:35 AM on Nov. 18, 2010

  • Even in a community property state - property owned before marriage can be considered to belong to the person who owned it. If you can prove what you contributed to the property then you can probably get some of that back. If you have a good lawyer. With a good lawyer there are a lot of things you can get to help you in the future. Part of his pension, insurance etc. Be sure and find/get all the documentation you can.

    Answer by Keksie at 7:15 AM on Nov. 18, 2010

  • Well, that depends, if he's still paying the mortgage and that payment was made out of your joint account, then the property in his name is considered "in trust" for the both of you. I just recently found that out because my husband has kept the house we live in, in his parents name thinking that that would keep me from having any claim but when I talked to an attorney, she told me different.

    Answer by ShouldHaveLeft at 7:49 AM on Nov. 18, 2010

  • Seeing he owned it before marriage, it would go to him. Community property involves property acquired during the marriage.

    Answer by tyfry7496 at 12:17 AM on Nov. 21, 2010

  • If you have small children, you would stay in the house and when you sell he gets half and so do you.

    Answer by older at 9:02 AM on Nov. 21, 2010

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