Legal Question in Family Law in California
My divorce is not final yet. We married in California in 1995. Regarding the primary residence, which I am currently residing in, I have been paying the monthly mortgage for 2009. However, he had been paying the mortgage since 2001, when we purchased the property.
He now is stating that he can claim more than 50% of the property because he has been paying the mortgage longer, and he has always paid the property taxes on it as well, except for 2009. Is this true? I was informed that California is a 50-50 state.
Thank you very much for your law-based answer.
1 Answer from Attorneys
Assuming that the house is in the names of both of you, you each own 50% of the home. You may each claim a reimbursement credit for any payments on the house, after the date of separation, however, you could be charged with the rental value of the house during the time that you had exclusive occupancy. That is the general rule with exceptions and many potential additional credits and charges. You should talk this over with an attorney as it could mean thousands of dollars to each of you. Good Luck, Pat McCrary
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