回複：請教離婚的問題(加州)

Was the agreement you signed prenuptial or postnuptial (it is better for you if it is after-marriage because you would have more protection under law)?

California gives generous protection for women who are having a divorce. The agreement you signed probably is INVALID if, at the time of signing, you did not have a lawyer to advise you.

However, if the money used to purchase the house really came from your hu*****and's parents, you then would NOT have a claim on the house because gift is not part of marital property.

You said that your hu*****and used your tuition money to pay for the house. It is important to determine the nature of your tuition money -- was it your personal asset or your work income after marriage? If it was your personal asset, you can probably get it all back if you did not intend it as a gift to your spouse. If it was your income after marriage, you can get half back because it is part of marital property between you and your spouse.

Finally, this is important. Since the real esate market in California has skyrocketed in the last few years, you do have a claim on the increase of value of the house, proportional to your contribution made to the purchase. For example, say that the value of the house has increased $100,000 in the last four years. If your money constitutes 15% of the purchase, you can get 15% of that increase -- $15,000.

所有跟帖： 

• 回複：回複：請教離婚的問題(加州) -zhongsha- ♀ (45 bytes) () 05/11/2005 postreply 15:32:43

• 回複：回複：回複：請教離婚的問題(加州) -bigbelly- ♂ (171 bytes) () 05/11/2005 postreply 18:45:38