回複:請問-老公婚前付房子首付,

回答: 請問-老公婚前付房子首付,lamom2011-12-19 20:12:40

This is such a complicated issue that you should let your friend to consult an attorney. Additionally, without knowing which state your friend is in, it is extremely difficult to answer this question. I wrote a general article based on California on the issue. Your friend can search on avvo to find it.

Generally speaking, according to California law, a court will use Moore-Marsden calculation to calculate how much asset the community will get and how much the hu*****and will get as his separate property. Since the hu*****and paid the down payment before marriage, the house would be his separate property. But there are so many other issues to consider. First, is there a pre-nup? Second, how they pay the mortgage debts? Thirds, did they refinance and if so, how is the title written? Fourth, is there any post-nup? Fifth, is there any other declaration that can be viewed as transmutation? Without knowing such details, nobody can answer your question.

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thank you so much. I will let her know. Thanks! -lamom- 給 lamom 發送悄悄話 (0 bytes) () 12/20/2011 postreply 19:58:09

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