[quote=terracap]The key is how the Husband and wife chose vesting in escrow when they bought the house. Since the husband brought 100k as his sole and seperate money how did he vest the property? Was the house Joe doe married man as his sole and seperate property or Joe doe and Jane doe as joint tenants ? Also was both of their incomes used to qualify for the loan? IF the husband didn’t intend to make this community property how was he making the payments for the home– through his community or seperate funds?[/quote]
The law is pretty clear on this issue, and vesting as separate property isn’t necessary. Even if the property was vested as community property, if the down payment came from separate property, it can come out as separate property.
