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Old 02-26-2012, 12:35 PM
 
Location: Sputnik Planitia
7,829 posts, read 11,790,682 times
Reputation: 9045

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Just want to get some clarifications regarding marriage law and division of assets:

referring to this: California Community Property & Separate Property Division Information - Family Law Attorney (Lawyer)

If I buy a home now and decide to get married in the future.. can the home be subject to split if I get divorced IF I continue paying on the mortgage during the marriage? According to the above link it seems that if I buy the home in my own name before my marriage then it is considered my OWN separate property?

How about my own saved up money? I'm pretty sure that is considered separate and my own and cannot be split, correct?
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Old 02-26-2012, 12:42 PM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,116 posts, read 12,601,805 times
Reputation: 8687
Quote:
Originally Posted by k374 View Post
Just want to get some clarifications regarding marriage law and division of assets:

referring to this: California Community Property & Separate Property Division Information - Family Law Attorney (Lawyer)

If I buy a home now and decide to get married in the future.. can the home be subject to split if I get divorced IF I continue paying on the mortgage during the marriage? According to the above link it seems that if I buy the home in my own name before my marriage then it is considered my OWN separate property?

How about my own saved up money? I'm pretty sure that is considered separate and my own and cannot be split, correct?
I am far from an attorney, and even further from a divorce attorney, but from anecdotal evidence, the house can still be split. A good friend of mine went thru a [very] nasty divorce (in CA), and the house was split even though he bought it before marriage.

Interested to see the posts in this thread...
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Old 02-26-2012, 01:02 PM
 
Location: Coachella Valley, California
15,639 posts, read 41,041,502 times
Reputation: 13472
I am an attorney, and without getting into specifics, there are some factors that go into the determination of whether a home purchased before marriage with separate funds will remain separate upon marriage. Commingling is one of those factors.
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Old 02-26-2012, 01:32 PM
 
25,619 posts, read 36,707,101 times
Reputation: 23295
You really need to see an attorney. California has some of the most complex laws in the US
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Old 02-26-2012, 02:20 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,313,597 times
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What TT said!
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Old 02-26-2012, 02:47 PM
 
2,222 posts, read 10,650,473 times
Reputation: 3328
Quote:
Originally Posted by k374 View Post
Just want to get some clarifications regarding marriage law and division of assets:

referring to this: California Community Property & Separate Property Division Information - Family Law Attorney (Lawyer)

If I buy a home now and decide to get married in the future.. can the home be subject to split if I get divorced IF I continue paying on the mortgage during the marriage? According to the above link it seems that if I buy the home in my own name before my marriage then it is considered my OWN separate property?

How about my own saved up money? I'm pretty sure that is considered separate and my own and cannot be split, correct?

If you married, had a couple kids, and your wife was a homemaker, would you still consider the house and money all yours? If so, you may want to rethink getting married at all. Your wife may not be out making the money, but she sure the heck is taking care of the family and would consider the house and money as belonging to both of you.

Legally, I think Twinkle Toes has it right about commingling assets. Perhaps if everything was kept separate, home ownership, finances, etc. But that's pretty hard to do. That's why I said you may want to rethink marriage.

Whatever you decide, see an attorney, and make sure you clarify your expectations with your girlfriend so she understands you don't want to share "everything" in your life with her. I'm sure she will find that very romantic.
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Old 02-26-2012, 02:54 PM
 
Location: Sputnik Planitia
7,829 posts, read 11,790,682 times
Reputation: 9045
What is the exact legal definition of "comingling"?

Is it merely changing the mortgage or deed in the other's name?

Or is it also paying for the mortgage with community assets? In this case since any income after marriage is considered a community asset would merely paying the mortgage after marriage would be considered comingling?

Or is there a greater test to see if the mortgage was payable with 50% (his share) of the community income? what if the wife had no income at all?
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Old 02-26-2012, 03:24 PM
 
Location: SW MO
23,593 posts, read 37,484,310 times
Reputation: 29337
Sounds like you're planning for a divorce more than planning for a marriage. Why not just avoid them both?
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Old 02-26-2012, 04:00 PM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,116 posts, read 12,601,805 times
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Quote:
Originally Posted by Curmudgeon View Post
Sounds like you're planning for a divorce more than planning for a marriage. Why not just avoid them both?
I think it's silly to not prepare for both. You could be the best husband/wife ever and still end up getting screwed. You never REALLY know what the future holds.


Sent from my iPhone using Tapatalk
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Old 02-26-2012, 04:05 PM
 
Location: SW MO
23,593 posts, read 37,484,310 times
Reputation: 29337
Quote:
Originally Posted by 1200RT View Post
I think it's silly to not prepare for both. You could be the best husband/wife ever and still end up getting screwed. You never REALLY know what the future holds.
Having been through a divorce in CA after 25 years of marriage I'm well aware of the risks. As we used to say in the military, I lost my happy hat, ass and coat! But that didn't dissuade me from marrying again some years later, and without a pre-nup. Imagine that!
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