Is your home community property?. If the home is owned at the time of divorce, the presumption is that it is community property, unless it can be proven not to be. If the home was acquired during the marriage, that presumption is more difficult to overcome. This is true even if the home is titled in the name of just one of the spouses.
One of the factors considered in determining if a home is separate or community property is how it is titled, but that is not the only consideration, or even the most important consideration. Courts frequently determine that property titled in the name of just one spouse is community property, and that the court can award it to either spouse in a divorce.
The issue is complicated. Do not rely on an opinion given by a realtor, a lender, or a title company.
Other factors that would be looked at are the source of funds used to purchase the home, the intent of the parties at the time that the purchase was made, and the source of funds that the lender considered when deciding to grant a loan.
This issue is complicated. Do not rely on an opinion given by a realtor, a lender or a title company. Most of the determinations of the separate/community property made by these professionals are incorrect. To determine if a home is separate or community property, you need to sit down with a family law attorney.
