Legal Question in Family Law in California

When does equity stop accuring

If I have a legal separation date, and 6 months later had our house appraised, and my husband moved from the house and I have been recieving child support but no help paying the house payment, is he entitled to continue to gain and collect the equity in the house 18 months later? Ex: he moved in Jan, and I paid house payment after that and now he is stating my house is worth more now than before and is entitled to get his 50% equity from new apparaisal, in past month even though we have lived separate and I have taken over the house payment, and apprasial was done back 6 months after we had our official ''date of separation''

Thanks


Asked on 9/04/05, 3:40 am

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: When does equity stop accuring

You are entitled to what is called an Epstien Credit, which is the value of principal that you paid down on the house.

You will need a forensic real estate appraiser to determine what the value of the communities interest in the house was at the time of legal seperation. Each of you will get a 1/2 interest in the fair market value of the home at the time of legal seperation, and the percentage of the equity in the home that appreciated from the time of seperation to present. Your percentage of appreciate based upon an 18 month Epstien credit will probably not be as much as the communities interest.

Anyway, don't you think it's time to get a lawyer?

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Answered on 9/04/05, 4:42 am


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