Married renter?

Question

In California, is it possible for one spouse to apply for a mortgage loan to purchase a house in his/her name only and charge the other spouse rent? Also, if they divorce, what rights does the non-owner have, assuming they paid half the mortgage's value as rent to the other spouse?

Answer 1

cali is a community property state. which means any assests aquired durring the marriage are equally devided in the event of a divorce. the house would be sold and she gets half

Answer 2

It's possible for a married person to buy a house in their name only.  Charging their spouse rent is between the spouses.  In a divorce, distributions depend on state law, so the non-owner might or might not have any rights whether they paid part of the mortgage or not.

Answer 3

You can buy the house in only one person's name and then make the other person sign a rental agreement.   If there is a divorce the house will be half/half split between the couple regardless though, assuming it is obtain during the marriage and not before.