Hi,My wife and I are getting a divorce after ten years. I'm wondering what rights she has to the property that I acquired. I acquirered property in 1997 but we were married in 2001. Her name is not on the deed and trust. Does that mean she has no ...

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Hi, My wife and I are getting a divorce after ten years. I'm wondering what rights she has to the property that I acquired. I acquirered property in 1997 but we were married in 2001. Her name is not on the deed and trust. Does that mean she has no claim to my property? Please let me know.

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California is a community

California is a community property state meaning that all property acquired during the marriage is presumed to be community property. However, property acquired prior to the marriage or during the marriage as a result of gift or an inheritance is separate property and will be awarded to the appropriate spouse. Since you acquired your property prior to your marriage, the home may be regarded as your separate property. If your wife has contributed money to the improvement of the house and is making payments on the mortgage as well, your wife may be entitled to reimbursement for her contribution to your separate property. However, facts may exist that may cause the court to classify the property as community property. Therefore, you should contact an attorney to discuss the particular facts of your case. Visit http://www.courts.ca.gov/1039.htm for more information about the division of property during a divorce in California. Also, read http://www.freelegalaid.com/nav/california/divorce/article/grounds-divorce-california for more information about how to file for divorce in California.

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California is a community

California is a community property state meaning that all property acquired during the marriage is presumed to be community property. However, property acquired prior to the marriage or during the marriage as a result of gift or an inheritance is separate property and will be awarded to the appropriate spouse. Since you acquired your property prior to your marriage, the home may be regarded as your separate property. If your wife has contributed money to the improvement of the house and is making payments on the mortgage as well, your wife may be entitled to reimbursement for her contribution to your separate property. However, facts may exist that may cause the court to classify the property as community property. Therefore, you should contact an attorney to discuss the particular facts of your case. Visit http://www.courts.ca.gov/1039.htm for more information about the division of property during a divorce in California. Also, read http://www.freelegalaid.com/nav/california/divorce/article/grounds-divorce-california for more information about how to file for divorce in California.