Legal Question in Family Law in California
community property
My husband and I purchased a home together in '96. In '99 we seperated and refinance the owed balance only into his name alone as he assumed responsbility. Though we are still legally married, he sold the home in '00 and kepted all the money! I am now filing for a divorce, In Pro Per. Am I entitled to any of the money from the sale? The value of the home from the time I signed off till the time of the sale remained the same. Please advise.
2 Answers from Attorneys
Re: community property
It sounds as though you also, in addition to the refi, also quitclaimed your interest in the house to him (made a gift). Why? He may have given you something, perhaps took care of some other debts, or gave up his interest in an asset? How much equity was there after only 3 years (mortgage reduction minimal, but appreciation may have been significant)? Is this the whole story?
At most, you would be entitled to 50% of the equity. Depending on when that is measured, he may be entitled, to the extent he decreased the mortgage, to a bigger piece of the pie.
Re: community property
You are entitled to 50% of the equity of the house. You would be well served by obtaining repesentation. Please contact me directly at (619) 222-3504.
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