What You Need to Know About Your Husband’s Property If Your Name Isn’t on the Deed
In California, entitlement to a spouse’s property depends upon when the property was acquired. Here’s everything you need to know about property entitlement if your name is not on your spouse’s deed.
California characterizes property in various ways, the most notable of which are community property and separate property. Typically, if a spouse’s property was acquired during the marriage, then the property is considered to be community property; it is considered separate property if the property was acquired before the date of marriage.
Important Terms to Know
Deed
A deed is a legal document that grants ownership of a piece of real estate or other assets, such as an automobile. A deed transfers the title of an asset to a new owner.
Community Property
Community property defines marriage as one legal “community.” Therefore, the property acquired during the marriage is considered community property. This generally means everything the couple owns together—everything bought and owed—during the course of the marriage. California law says that each spouse equally owns the community property.
Related: Community Property Laws in California
Separate Property
Separate property is any property a spouse owned before they were married, or after their divorce. Property acquired during marriage may also be considered separate property if it is a gift, part of an inheritance, or if it is derived from a will—this includes any profits or other money earned from the separate property itself.
How Property is Divided in a California Divorce
When a couple files for divorce, community property must be divided equally (that is, unless there is an agreement on how to divide the shared property). The court has the discretion to determine the value of each asset and divide it accordingly.
Related: How to Divide Property in a California Divorce
Methods of Division:
- One method of the division of property is division in kind, in which the property is equally (physically or in value of the said property),
- Apportionment of assets, in which the court may award any asset to one party on the conditions it sees fit to properly divide the total property equally,
- An award of a promissory note to the other spouse, that is if it has an adequate rate of interest and is fully secured. A promissory note is a promise to pay money at a future time, or
- The sale of an asset to safeguard other property. The court may order the sale of an asset considered community property to save another asset.
How to Figure Out If You Are Entitled to Your Husband’s Property
If property acquired by one’s husband is considered community property, then a wife is entitled to said property, even if she was not on the deed. Although, if the husband bought the property prior to or after the marriage, then a wife is not entitled to property from which she is not on the deed.
FAQs About Entitlement to a Husband’s Property if a Wife is Not on the Deed
If my husband bought property during our marriage, with funds earned during our marriage, am I, his wife, then entitled to his property even though I am not on his deed?
Yes, the wife would be entitled to the husband’s property. This is because the property the husband bought during the marriage would be considered community property, which, as mentioned above, means that each spouse equally owns one-half of the property.
Am I entitled to my husband’s property if he bought it using separate property funds?
No, a wife is not entitled to her husband’s property if he bought it using funds from before their date of marriage, or if the said property was gifted, inherited, or given to him by will.
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If you or a loved one have any more questions about property entitlement if your name is not on your spouse’s deed, contact us. Get your free consultation with one of our experienced attorneys today!