Is Your House Community or Separate Property in Divorce?

December 4, 2024

Dividing assets during a divorce can be complex, especially when it comes to a home purchased during the marriage. Many clients ask, “If the house is in my name only, is it still community property?”


In California, property acquired during the marriage is typically considered community property, regardless of whose name is on the title or loan—unless a premarital agreement states otherwise.


There are exceptions, such as when the house was purchased with separate funds, and your spouse signed an interspousal transfer deed, waiving their interest. In such cases, you may argue the property is your sole and separate asset.


At The Tabo Law Firm, we’re here to guide you through the complexities of property division and protect your rights. Call us today at 916-866-8856 to schedule your consultation.

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