Legal Question in Family Law in California
A friend of mine's husband left her almost 10 years ago. She stayed in the house and paid the mortgage & property taxes. He never gave her a cent. Now, they're getting a divorce. They've been seeing a mediator. She was told she'll get 67% of the proceeds from the house, after deducting the remaining mortgage. The mediator told her she'd get about $72,000. However, he also told her that she needs to be out of the house by March 15. True, her husband will now be paying the mortgage, but for 10 years, he never paid a cent.
My question is this:
Unless her husband gives her $72,000 on March 15, which I doubt very much he has, then wouldn't my friend be allowed to stay in the house UNTIL it sells, so that she'll then get her share?
After all, if she gets no money on March 15, then what is she supposed to do? Live in her car?
Thank you for your answer.
1 Answer from Attorneys
Where the paying spouse uses the asset, and the amount paid was not substantially in excess of the value of the use, the Court has found that it would be inequitable to grant a right of reimbursement to the paying spouse. The basic idea is that she would have had to pay rent somewhere. As far as her moving out, she doesn't have to agree to what a mediator says. She can fashion the agreement any way she wants, including that she doesn't have to move out until she receives the money. For more information, visit http://www.ellifritzlaw.com
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