Legal Question in Family Law in California
Distrubution of Funds
The family home was purchsed in 1998 with funds from my parents. My ex walked out in 2000. In March of 2001 I was awarded custody and rights to the home with my kids. The courts forced me to sell the home in 2004. We are still batteling the divorse now in 2006. At what point does the interest stop for my ex? He had it appraised a month after he left. For example, if the debts on the credit cards at the time of marriage stop at the date of seperation, does the value of the house stop too or is he elegible to still receive half at the time of sale? I paid the mortgage payments, upkeep, and taxes on the property by myself from my paychecks. He hasn't paid any child support to this day. Does he get half of the sale price or half of the value at the time of seperation?
1 Answer from Attorneys
Re: Distrubution of Funds
The house is valued at time of trial.
Even at this late stage, you should probably hire an attorney to represent you - the fees may prove to be money well spent.
If you are the children's primary caretaker why do you not have child support? Is there an order if effect, and if not, why?
If you did indeed pay the mortgage payments you may be entitled to credits pursuant to the Marriage of Epstein. Your husband may claim rental charges against you based upon the Marriage of Watts but you probably have a good argument that because you had to support the children on your own, the court should construe any and all possible Watts charges as child support. It is possible for you to claim child support retroactive to the date of filing the petition pursuant to Family code section 4009.
Also, regarding the house, if you received a gift from your parents for the downpayment then such amount would probably be construed as your separate property you may be entitled to dollar for dollar reimbursement.
As you can see, there are a lot of issues in your case, and if you can afford it, you would be well advised to retain an attorney.
Kind regards,
Damian M. Nolan
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