Legal Question in Family Law in California
epstein credit
i am looking into an epstein credit from my house,i have been separated for 4 years now & soley paid on a chapter 13 to stop the place from going to auction, when my spouse left 4 years ago & i filed the 13 she claimed she wanted nothing to do with the place. now she has filed for divorce now that the chapter 13 is discharged & wants half the house as well as my pension. just how does this work here in southern california?
2 Answers from Attorneys
Re: epstein credit
It appears you may have right to such credit, however, you have also enjoyed the benefit of living in the residence and that will be considered. Watts credits.
Re: epstein credit
If you paid community debts the judge should allow you Epstein credits for payments of the community debts, however, it is not guarenteed. With regards to the house, you can get Epstein credits for making the mortgage and tax payments on the house, but those would be offset by Watts credits for the rental value of the house. Better have an attorney on this one. She is still entitled to half the equity in the house, less your Epstein credits. You have a lot of money at stake and you won't want to make a procedural mistake that could cost you tens of thousands of dollars. Good Luck, Pat McCrary
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