Legal Question in Family Law in California
Division of property (house) when getting divorced.
In 1977 my mother-in-law divorced her husband (he initiated the divorce). The husband was awarded 1/2 the value of the house that they purchased together. But, the court would not let the house be appraised at the time of divorce. They said she would have to wait until the youngest child was 18 (9 years later) and then have the house appraised and he is entitled to half of that amount. He lived in the home for 7 years before the divorce. They put $1800.00 down on the home and paid $150.00 a month (average including insurance and property tax) for that 7 years. This totals $12,600 + $1800 = $14,400. How can it be possible that he gets 1/2 of an amount that he put nothing into for 9 years? Is this legal? What can she do?
1 Answer from Attorneys
Re: Division of property (house) when getting divorced.
It is not very clear about who lived in the house with, presumably with the kids. The spouse not living there never got his/her share of the equity. So, his/her 1/2 interest continued until now. He/She gets 1/2 of the present equity.
This is called a Duke order, or deferred sale of home order. In 1977 they did more of them but they are now rare, due to certain appellate decisions and legislation after 1977.
If the house had gone down in value, the out-spouse would have suffered 1/2 the loss. If the house went up in value (which, of course, it did), the out-spouse shares in the appreciation.
Keep in mind that the out-spouse has been waiting all these years for his/her money. Also, whoever was living there, was living there very cheaply.
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