Question: My wife and I separated she stayed in the house. The house is in her name only we moved in together in October 2001. I moved out in March 2007 am I entitled to half of the proceeds from the sale of the house?
Answer:
It really depends on additional facts. Whether the court will presume property to be community property depends on how and when the property was acquired. (I.e. Was it acquired by your wife prior to your marriage? Was it acquired after you were married?). Community property can be a complicated area of the law. You should really consult with an attorney on this issue so s/he can give you an assessment of your situation.
June 09, 2008
Legal Services Corporation