Here’s what happens when one spouse moves into a “separate property residence.Facing family law issues? Receive a Free Case EvaluationInterested in more videos? Subscribe to My YouTube ChannelToday I’m addressing the issue of what happens when one spouse moves into what we call the “separate property residence” of the other spouse at the time of divorce. It is not uncommon for one spouse to move into the separate property residence of the other spouse for whatever reason.
Your spouse is entitled to half of what is paid down on the principal of the mortgage if they’re not included on the title. Typically speaking, your income is considered “community property” while you were married, so essentially your spouse is reimbursed for what’s paid down on the principle.
However, the character of the property does not change once you get married. Your spouse is not automatically entitled to the property at the time of marriage, either. At some point, if you add your spouse to the title, then they do have an interest from the time that they are added to the title until the time of your dissolution. You would have what we call a “separate property interest” prior to that time and a “community interest” from the time they’re added to the title to the time of dissolution.
These issues can be complicated, so make sure to reach out to me via phone or email if you have any questions about this or any other divorce law conundrum. I look forward to hearing from you soon.