Today we explain what you need to know in regards to community interest in a property acquired before marriage. Recently a good friend of the Woodland Hills store came over to share the news that she got married. Afterwards she told us that she is currently holding title on a property as an unmarried woman. She wanted to update her status to “Married Woman as her sole and separate property”.
Someone told her that the new husband, who is not on the title, and was not married to her when she acquired the property, should sign off on his future possible claims that he is entitled to anything.
We suggested she consulted with a local Woodland Hills attorney to see what would be the proper document in a case like this.
A few days later she called us back to tell us that she did have the consultation, and that the attorney stressed out that what is important is that she uses her own separate money (meaning money acquired before marriage as well as inheritances and gifts during marriage NOT her own salary) to pay the mortgage after she got married.
If she is spending community funds to pay the mortgage, then the community (and thus her husband) is gaining an interest in the property. It does not matter what she writes on the deed, and changing the name on the deed will not get rid of a community interest, if there is one.
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