Legal Question in Family Law in California
Community property
Ex and I purchased a house 3 years ago. We are divorced now
he went to escrow to find out how he can take my name off the deed and pay what I put into it. I was advised to tell him to refinance and pay me my part. But he doesn't know how to go about it. I don't either, since all this is new to us..please advise.
2 Answers from Attorneys
Re: Community property
Calculate the current market value of the real estate and subtract the loan balance. If he use his separate money (that he had prior to marriage or obtained by gift or inheritance) subtract that amount, he pays you half of the balance. If you used your separate money, take value of home, minus loan balance, subtract your separate money, he pays you half of the balance, plus amount of your separate money. That is a general calculation. For a more accurate calculation, see a Family Law attorney. It should take about 20 minutes for him to get all the information he needs to make the calculation. Good Luck, Pat McCrary
Re: Community property
Go to your lender or a new lender whomever may be willing to refinance the property in your husband's name alone. Until that is done, despite court orders, etc., if default in payment, you remain responsible with your ex. Call to discuss if further questions. 800-685-6950
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