Legal Question in Family Law in California
community property
I bought a house in '97 married in 05 and divorcing We refinanced in 06 He made payments at 700 of the 995 due per month from 05-05 to 04-09 on the new mortgage. I owed 67,000 before marriage and refinanced to now the morage is 101,000 what part of the house is still mine what is a community debt
1 Answer from Attorneys
Re: community property
Your separate property interest in the property would have to be determined after a complete review of the facts of your case. However, the law provides that the value of the property at the date of marriage, or possibly the date of refinancing the property. The community property interest would be the amount that the principle of the mortgage is reduced after the marriage. There may be other issues that need to be considered. With the amount of money at issue you should retain an attorney to represent you.
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