If the house was in my husband's name after 19 years of marriage who would get it?
Full Question:
Answer:
The courts in California will divide the community property of the parties equally after setting aside to each spouse that spouse's separate property. Community property is presumed to be all property aquired by the parties during the marriage and held in joint form. This presumption may be rebutted by a clear statement in the title by which property is acquired that the property is separate and not community property or by proof that the parties have a written agreement that the property is separate property. Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor its income has been used for the common benefit of the parties during their marriage. Where the parties regularly use property acquired by one party before marriage for the common benefit of the parties, it is more likely to be available for consideration in dividing property. The frequency of use may be considered by the court in making the decision.
The applicable California statutes are as follows:
§ 2550 Fam.
Except upon the written agreement of the parties, or on oral
stipulation of the parties in open court, or as otherwise provided in
this division, in a proceeding for dissolution of marriage or for
legal separation of the parties, the court shall, either in its
judgment of dissolution of the marriage, in its judgment of legal
separation of the parties, or at a later time if it expressly
reserves jurisdiction to make such a property division, divide the
community estate of the parties equally.
§ 2625 Fam.
Notwithstanding Sections 2620 to 2624, inclusive, all separate
debts, including those debts incurred by a spouse during marriage and
before the date of separation that were not incurred for the benefit
of the community, shall be confirmed without offset to the spouse who
incurred the debt.