Legal Question in Family Law in California

If the cost of the mortgage is less then what you could rent the home for, you could argue that you are entitled to your community property portion of the difference between this two figures. You will need proof to establish the fair market rental value and the current mortgage cost on the residence.

Ms. Kock is right, but don't get your hopes up just yet. Not only the mortgage is included; you have to look at the total cost of ownership. So at a minimum the mortgage, plus taxes and insurance are included, HOA fees if any too. In addition, the courts do NOT like to get into nickle and dime issues, so there is a presumption that if the spouse with exclusive use is also paying all the costs of occupying the family home, it is a wash and no reimbursement analysis is required. Even if you can prove there is any meaningful delta between the rental value and the cost of ownership, the community, not you, would be entitled to reimbursement. That means that you would only be entitled to half. So, unless you have a house that would rent for WAY more than it costs to own/occupy it, or you have been sharing the cost of ownership, you are wasting your time trying to make this an issue.