Legal Question in Family Law in California

i am in the final stages of my divorce, it was a 21 year marriage, he left was having an affair and never came back. he paid the mortgage for 2plus years and made payments on the second loan on the house too, left me with no support and now is telling me that all these payments he made will go as credits towards money due to him from me. Is this true? I only received 7 months of spousal support and this was when i started making the mortgage payments, he is now unemployed and on disability, but him and his attorney insist that all thata money he paid , that i will owe that to him. i dont have an attorney , i cant afford one anymore. thank you, michelle


Asked on 2/10/11, 12:08 am

1 Answer from Attorneys

James Chau Law Offices James Chau

If your husband left and continued to solely pay for the mortgage all by himself then yes he would rightfully claim a credit for half of the cost of the payments he made post separation. You may try to request that your spousal support off set any credits he may receive. Certainly after a long term marriage you would be entitled to some spousal supporrt for longer than 7 months.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/13/11, 7:08 pm


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