Legal Question in Family Law in California
division of house when value appreciates
i divorced more than 2 years ago, and my ex-husband was ordered out of the house at that time. since then i've been living with my son (with older son in college), paying all the mortgage and taxes. the value of the house has gone up in the 2 years. should i be reimbursed for half of the mortgage that i have been paying to the community property after we split according to current value of the house? or should we split it according to the value at the time of divorce? Thank you very much for your help.
3 Answers from Attorneys
Reply: division of house when value appreciates
It is not possible to answer your question without first reviewing the underlying judgment.
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 at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: division of house when value appreciates
I am assuming that the judgment does not deal with the division of the house. You would be entitled to reimbursement of the mortgage, taxes, insurance, etc you have paid on the house, less the rental value of the house for the time that you have been living there exclusively. Generally that would be a wash. He continues to enjoy the equity appreciation so you are best served by taking care of this ASAP> Good Luck, Pat McCrary
Re: division of house when value appreciates
The answer to your question is completely controlled by the underlying judgment. If you received a status only judgment with the court reserving jurisdiction on the property issues, then the value of the property will be determined at the time of trial. In other words, your ex will benefit from the appreciation in value. Of course, if the house has already been awarded to you, then the result would be very different.
If it is a case that the court has reserved jurisdiction over the house and you have been living in it and also paying the mortgage, then the issues of reimbursement are primarily controlled by previously decided cases, ie: the marriage of Epstein and the marriage of Watts. You may receive credit for the payments made but may owe the community for the fair rental value of the property.
Your best course of action is to finalize this matter as soon as possible. Also, you would be very well advised to retain the services of a competent family law attorney to assist you and protect your interests.
Best Regards, Damian Nolan.
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