FAQ ‘s: Here I have compiled a list of questions that people often ask me.
Remember, there is no such thing as a dumb question. If you don’t know something, ask!
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In addition, you may find information on my frequently updated BLOG helpful.
Property Division - Top 5 Questions
Again, anything purchased during the marriage is community property. However, if you can trace the downpayment to separate property, you may be able to get the downpayment reimbursed. Please speak with your attorney.
California law allows transmutations of property between spouses. However, there will be a presumption of “undue influence.”
If your spouse can prove that he or she was under duress, and did not sign of their own free will, the transmutation will not be valid. In addition, the deed must be very clear and contain specific, unambiguous language establishing the separate nature of the property.
Please speak with your attorney.
My spouse was a shop-a-holic and I never knew. All the credit cards are in his name. Am I responsible for half?
Unless you have a prenup, yes, you are responsible for joint debt acquired during the marriage. Same with community property, community debt is debt acquired during the marriage.
Community property is not fair. I strongly recommend getting a prenup before marriage.