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by mari picar on February 5th, 2006

mari picar

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I purchased a property in California when I was single and my husband moved in when we got married. I'm thinking of getting a divorce after almost 2 years of marriage. What will my husband be entitled to?

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  • by RedJohn on February 8th, 2006

    RedJohn

    In many jurisdictions, the matrimonial home (the primary residence of the married couple) is considered a joint asset and is not treated as the sole property of either spouse, regardless of who purchased it or when it was purchased. The matrimonial home is one of the very few items that is treated in this fashion. The value of the matrimonial home is its market value at the time of separation.

    I would *strongly* recommend that you consult a lawyer to learn exactly how the matrimonial home is treated in your home state. You have been married for a fairly short period of time and, if you had owned the home for a considerable period prior to the marriage, it may weigh in your favour financially. However, a lawyer will be able to provide you with better advice than you can find on this site. Practices do change over time, either through new legislation or evolving standards of practice. If you are seriously thinking about separation, consulting a lawyer is an important first step in the process. It is also important to formalize the separation in court or through another legal channel, so that the date of separation is formally established.

    As for the remainder of the property, the division is straightforward: any property acquired during the marriage is joint property. Any property you owned prior to the marriage is yours and any you acquire after separating is yours. The same holds true for your husband's property.

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