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The Marital Home

Learn about characterization rules applicable to marital homes purchased before or during marriage.

Transcript

Often, spouses’ most valuable asset is their home. Like all property, it must be characterized as separate or community to determine what portion of its value is divisible at dissolution.

I. Home Purchased during Marriage

If a home is purchased during marriage, using community property funds for both the down payment and mortgage payments, then the home is community property. Recall that spouses’ wages during marriage are community property. Additionally, because of the community property...

Lessons

    • 1. Welcome to California Community Property
    • Welcome to California Community Property
    2. Property in the Marriage Context
    • Creation of the Marital Economic Community
    • Community Property Versus Separate Property
    • The Characterization Process
    3. Characterizing Property
    4. Management, Control, and Liability
    • Management and Control of Personal Property
    • Management and Control of Real Property
    • Fiduciary Duties
    • Liability for Debts
    5. Modifying Rules by Agreement
    • Premarital Agreements
    • Defenses to Premarital Agreements
    • Transmutation Agreements
    6. Distribution on Dissolution or Death
    • The Dissolution Process
    • The Impact of Separation
    • The Distribution of Assets and Debts on Dissolution
    • Spousal and Child Support
    • The Distribution of Assets and Debts on Death
    7. Nonmarital Relationships Affecting Property
    • Registered Domestic Partnerships
    • Void and Voidable Marriages
    • Marvin Relationships