Legal Question in Family Law in California

Divorce - How to Split House Value?

title of house: 3 names

husband, wife, living trust of wife's parents (both wife's parent's).

wife is executor of living trust.

she is divorcing me:

is the house still split between wife & husband?

or between both us & living trust parents?

they are on it because they helped with down payment.

wife's living trust parents are basically going to give there share of house to wife in the end anyways.

house net fair market value = $137,000

she only wants to give me $41,000

she would keep $96,000

does that sound right?

or am i entitled to half of the $137,000?

we got house after marriage.

thank you very much.


Asked on 6/10/09, 12:22 am

1 Answer from Attorneys
Fred Begun Law Office of Fred C. Begun

Re: Divorce - How to Split House Value?

Real estate matters in California are very driven by the specific facts. If you do not have a divorce lawyer, I suggest you consult with an attorney in your county immediately.

For houses, the way the title is written will go a long way to determining your case. If title is Husband & Wife, as community property, and Trust, then H & W probably have 1/2 and the Trust has 1/2. Therefore, divorce would result in 1/2 interest. If title is H, W and Trust, Tenants in Common, then you might have 1/3 each. Other formats are possible too. Got to know exactly what the paper says.

Fair Market Value is only the starting point. You need to know debt, so that you can subtract debts from FMV and know equity. Equity will then be divided or bought out by the percentages according to title.

Get info and get attorney in your county.

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Answered on 6/11/09, 4:13 pm


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