I’m currently going through a divorce in California. I bought a home with a VA loan during our marriage, but my mom made the investment, and my spouse signed a VA document saying it’s my sole and separate property. It’s notarized, yet she’s now fighting for equity. Can she still get a portion of it even after signing that document?
Layperson/not verified as legal professional. Get a lawyer.
Layperson/not verified as legal professional. Did you mix any marital assets with the house, like paying bills or mortgage together? That can complicate things if there’s no rental agreement.
Layperson/not verified as legal professional. If the house value increased, she might try for a portion of that gain. Consider selling your interest to your mom if needed, to simplify things and focus on legal expenses.
@Alicia
Interesting. Thanks for the advice!
Layperson/not verified as legal professional. It’s unusual that the VA required her to sign that document. Still, equity could be up for discussion. Best to consult your attorney for specific guidance.
Layperson/not verified as legal professional. She might be entitled to half of the equity built during the marriage, depending on local laws. Not much if it’s only been two years, but still something to consider.
@Bevin
Layperson/not verified as legal professional. If her name isn’t on the mortgage, she might not have a claim to the equity.
Danica said:
@Bevin
Layperson/not verified as legal professional. If her name isn’t on the mortgage, she might not have a claim to the equity.
Depends on the state. In some places, being on the mortgage doesn’t impact her right to claim half the equity.
Layperson/not verified as legal professional. If this is a major investment, it might be best to seek legal help through the VA or a lawyer who knows CA divorce law.
Layperson/not verified as legal professional. That document might help, but in some cases, courts still consider equity gains as marital property. Laws vary, so definitely get advice specific to CA.