Legal Question in Family Law in California
I am getting divorced,and I have some questions about the community properties and spousal support.
1. we bought a house(paid off) in 2008 for $181,000. She put in 90,000 and I put in about $120,000(including remodel and furnitures. And last year I have paid her $100,000 back(after we got married).Now if we go to court, do I still have to give her half of the equity again?
2. She has been staying home for almost 2 years. If we divorce,do I have to pay for spousal support? How long that usually last? What if she doesn't go find a job because I'm paying the spousal support?
Thank you.
3 Answers from Attorneys
As to the house, you do not give her greater than her community property share. That share can increase or decrease dramatically in this real estate market. the division value is established by court ordered stipulation or trial. Since it sounds like you are at the early stages of your divorce process, there are too many variables to determine the precise division amounts. With regard to spousal support , the standard of assessing this element rests on 5 factors: length of the marriage, age of the parties, health history, earning capacity and standard of living during the marriage. If you have not already done so, it's time to hire a skilled family law attorney to assist you in protecting your valuable legal interests.
In order to answer you question fully, it would help to know when you were married, how title is held, and what the source of the money was that was used to purchase the house.
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