Legal Question in Real Estate Law in California

property division between spouses

Married couple purchased family home wife intended to purchase in her name alone but was advised to purchase with spouse he was a wage earner she recived permanet disabilty ssa.. She bought 47% down dureing purchase husband lived in home paying half the mortgage for four months seperated due to domestic violance for a year returned to home to help wife for six months paid half the mortgag for that time with agreement wife was to pay husband back they seperated for four years husband did not return back to the home after restraing order expired that pertected wife he filled for diviorce seeking half the equity of 42o,000.00 wife does not belive he is intitled be cause husband placed a security code on the loan she is sole remitter of with intention that the home her and her children resided in would be sold and all debt paid and the proceds be divided wife found out after four months she brouht int currant wiyh no help from husband


Asked on 5/17/06, 8:52 am

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: property division between spouses

I'm not quite sure what your question is, but if you are asking whether your ex husband is entitled to one-half of the value of the home, the answer is probably. It would depend on how title was vested, and how much money he paid. If you are not going through a divorce, you probably should be, and this is one of the issues that will be decided in a dissolution proceeding.

I'm not sure what placing a "security code on the loan she is the sole remitter of with intention that the home her and her children resided in would be sold and all debt paid and the proceds be divided wife found out after four months she brouht int currant wiyh no help from husband" means, or how you think that has anything to do with whether your ex husband is entitled to a portion of the home.

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Answered on 5/17/06, 1:44 pm


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