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2 years prior to my marriage. I bought a condo under my name because the loan is solely under my name. Due to our credit scores, bank only approved the house loan and title to be under my name. I LIVE Fulton CALIFORNIA. Things are not really working out for me and my husband. He is so immature and selfish that when we fight about little stupid things, he is so quick to walk away and does not come home for weeks. I am so tired of my situation, our marriage is beyond repair and yet he wont take his clothes with him or completely move out. I was hoping he would just leave because I know if I mention the word divorce to him or if i initiate it he's ego will be hurt and he will want to get even with me. Will I need his permission to sell my house? Is it better to sell my house now before the divorce is filed? I am asking because i dont want him to have any of it. If he files for divorce, I might be forced to sell it so he can have half of the equity. He paid his share of the bills but I paid the mortgage with my own bank account. All the down payment of 20% came out from my saving account. He has not mentioned anything about a divorce to me but I want to save myself from being financially and emotionally taken advantage of. Please... I need a good advise and thank you in advance!
Even though California is a community property state, all property purchase prior to a marriage remain that of the owner (you). It is not considered community property. You should contact a divorce attorney, about property purchased prior to a marriage. . Normally initial consultation is at no cost to you. You may keep the property or sell the property, that is you choice. In all tax and legal matters you should consult your tax consultant and attorney. I hope this has been of some benefit to you, good luck. "FIGHT ON"
You can sell it on you own, but the resulting cash won't be yours to keep all to yourself. Remember, money has a paper trail. I understand the motivation, but your strategy isn't a good idea because the interest (ownership) in the condo will not be split down the middle since it was acquired before the marriage. You will keep the initial 20% plus what ever you accumulated in the years prior to your marriage. So lets say you acquired an additional 5% in the first two years due both to paying off the loan and the market increasing in value. So the first 25% is yours and you split the remaining 75% 50-50, or 62.5%-37.5%. But if you sell, the cash that results from the sale completely becomes marital property which is split 50-50. Thus selling will just screw yourself out of 12.5% of the equity. Yes it is possible he could end up getting the condo, but only for the sake of less cash.
Can you sell it? Yes since you don't need his signature on anything. The story doesn't end there; Are you entitled to all the proceeds of the sale? Depends. He may claim entitlement under community property laws. For example if you married in 2008 and the value was $300,000 and now 6 yrs later the value is $350k he could claim [his] half of the appreciation during time you were married, $25k in this example. In reality all this is hammered out by attorneys and the settlement is approved by the court in a contested divorce. You will easily spend $20k in attorney fees, they love couples that fight and will represent you until your money runs out. They will know when this is because they go and research your assets, heck you tell them when you hire them, so they know when to stop litigating which is just before you have no more money to pay them. It is a transfer of your wealth to them. Knowing this you should calculate how much you are willing to "give" your soon to be ex and negotiate until you get to what you determine is your tipping point. If you are the one with all the assets you will end up paying for your husband's lawyer to fight you or vice versa. If you let it go to court and have a judge split the assets he will give you the pot and him the lid, you get the box spring and he gets the mattress. Judges don't like to spend their time doing petty dirty work attorney's should have done.
Not sure it makes any difference if you have a house to divide in a divorce or a pile of cash that resulted from the sale of the house prior to the divorce. If you simply "give it away" to a relative, that might create a different scenario. You don't want our advice; you want the advice of a professional accountant and attorney who can actually guide you to the best outcome.
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Probably the condo is community property no matter what. You will need to visit with an attorney and go over a lot of details before you know for sure- but I bet it is.
Get a Divorce lawyer to read u your rights b4 doing any thing.