Legal Question in Family Law in California

Dividing House Appreciation

I want to proceed with a California divorce but would like to know what I might be facing, financially.

I'm 48 years old.

9.5 years ago I married a Thai lady. 46 years old. Now, a US Citizen.

3 years prior to marriage, I bought house in Monterey Ca. in 1993, $235,000.

$50,000 cash down payment.

Added $300,000 improvements, not including my labor, prior to marriage.

Current value $950,000.

Monthly payments of $1,231.

Married in 1996, August.

Made mortgage payments together.

In 2002, I refinanced for $210,000 / 30 years.

During the refinance process, the banker had her sign a Grant Deed statement that the house was my sole/seperate property. Registered at the County Recorder.

I understand she is entitled to a share of the appreciation since marriage.

How much equity has she earned?

Could I argue the appreciation is mainly due to my improvements?

Married under 10 years. We live back in thailand now.

She does not work.

Our current living expenses have been about $1,200/month.


Asked on 11/14/05, 5:42 am

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Dividing House Appreciation

yes, she would have roughly a 10 year community property interest in the increased value of the home from the facts given. you should consult with an attorney regarding the remainder of your situation, as your questions are too lengthy for this brief forum. if you would like further assistance, contact us today.

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Answered on 11/14/05, 5:52 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Dividing House Appreciation

She may or may not be entitled to an equal share of the increase in value of the real property during the marriage depending upon whether or not you put her on title to the property, and the circumstances surrounding your putting her in titleif you did.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/14/05, 11:07 am


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