Real estate issue

[Marc]

Jurisdiction

California

Before I got married. My mother and I decided to buy for me and my future wife. We went into escrow a month before my wife and I got married, but closed escrow 8 days after I got married. If I were to have a divorce would my wife get a share of the house? If so how much? My wife had an affair inside the house when I was gone for work and I'm debating on divorcing her due to this.

Thank you so much for your answers and any advice to limit my wife's taking if any.

I have not yet filed nor has she for a divorce. Any advice before any of us files would be greatly appreciated.

 

[adjusterjack]

She's entitled to 50% of whatever equity has built up during the marriage.

If you have the money to pay her for her share or other assets to give her in lieu of, then you are fine.

If you don't, you'll have to sell the house and split the proceeds with her.

Adultery isn't grounds for divorce in California and it would effect a property division only minimally and you would have to prove to the court, with evidence, that she spent marital funds on her affair.

 

[Marc]

The house title is under only mine and my mother's name, but the loan is under my mother's name only. Does this do anything? Thank you kindly for your answers.

 

[Tax Counsel]

She's entitled to 50% of whatever equity has built up during the marriage.

An important point of clarification though: half of your equity in the house would be community property and she is entitled to that in a divorce. She gets none of the equity that your mother may have in the house.

 

[zddoodah]

If I were to have a divorce would my wife get a share of the house?

Your post doesn't provide sufficient information to answer this question. Among other things, we'd need to know how long ago the purchase took place, the source of the money used to buy the house or make the down payment, whether the house is encumbered by a deed of trust/mortgage, how the house is titled, and whether any community property funds have been used to pay down the principal balance of the mortgage.

She's entitled to 50% of whatever equity has built up during the marriage.

As phrased, this is wrong.

An important point of clarification though: half of your equity in the house would be community property and she is entitled to that in a divorce.

This isn't correct either.

Whether the OP's equity would be regarded as community property isn't possible to determine from the scant facts given to this point. Moreover, even if some of the OP's equity is community property, it's not necessarily the case that all of it is community property.

The house title is under only mine and my mother's name, but the loan is under my mother's name only. Does this do anything?

Not really sure what this question means. If you provide the information mentioned above, I can provide further insight, but you'll ultimately want to consult with a local divorce attorney.

 

[Tax Counsel]

Whether the OP's equity would be regarded as community property isn't possible to determine from the scant facts given to this point. Moreover, even if some of the OP's equity is community property, it's not necessarily the case that all of it is community property.

I agree that there is a possibility that some or all of the OP's equity might not be community property, but that of course would mean that noncommunity funds were used to pay for or improve it and that the OP can do the proper tracing for those funds.

 

[flyingron]

It would very much depend on what the nature of the transaction which is vaguely described as "My mother and I decided to buy for me and my future wife. " It could be this is indeed community property.