Legal Question in Family Law in California

My ex-husband and I are currently on title for the family home we shared. My ex husband moved out in April of 2009 and I have been living at the residence for the last year with my son whom I have 75% of the time. I have not made a mortgage payment in the past 12 months because I was unable to afford the payment. Our home is about $60K under water and we filed bankruptcy in August to wipe out all additional debts. My ex husband has been paying me child and spousal support for the last year. We now have an opportunity to modify our loan to an amount that is affordable and my ex husband wants to remain on title. He says that he won't give me any more money per month than what he's currently paying me in support. I feel if he's co-owner, he should be paying his share to cover owning 50% of the home (50% of the mortgage payment + 50% of the homeowners insurance). In his opinion, he's paid me well for the last year and I didn't pay any mortgage so he doesn't owe me anything more. I tried to explain that my spousal support was not based upon my expenses but rather our difference in income and the custody arrangement. Am I legally within my rights to ask for him to cover 50% of the mortgage if he wants to remain on title?


Asked on 3/31/10, 11:21 am

1 Answer from Attorneys
Madan Ahluwalia Ahluwalia Law P C

If he is on title, then the lender would not allow you to take him off the title unless re-qualify for the loan by getting a new loan or refinancing the same loan. Whether you can force him to pay 50% of the mortgage or not is entirely a separate question. He does not have to pay more than he is legally obligated to (in child and spousal support) by court order or by agreement.

Who got the physical possession of the property you live in? If you did, then you are responsible for the payment. If such property's possession or payment was not part of the deal during divorce, then you need to go back to your divorce lawyer and figure that part out.

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Answered on 4/05/10, 2:25 pm


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