Legal Question in Family Law in California

Division of Marital Debts during divorce

My husband lives in our second home that has no mortgage on it and I live in our primary residence which does have a mortgage. My husband's attorney wrote to me that the house payments on the home I live in are my responsibility since I am living in it and my husband is not making the payments. This doesn't seem fair to me. I am representing myself and when I went to court for spousal support I also requested that the mortgage be split. The judge told me that it was a matter for trial. Is this right? I have had to liquidate my IRA in order to make the payments. In time, I will run out of money.


Asked on 11/22/05, 10:59 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Division of Marital Debts during divorce

Generally the debt goes with the property. In regard to spousal support the court should consider his ability to pay and your need. The court is considering reimbursement for one party or the other. If the rental value of the property is greater than the mortgage payment he may be entitled to one half of the difference. Or if the rental value is less than the mortgage he may owe you one half of the difference. An attorney can help you make a decision as to the best approach to take in your case.

Read more
Answered on 11/24/05, 9:33 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California