Legal Question in Family Law in California

Home Ownership

My husband and I lived together for 2 1/2 years before we were married. We started living togther in 1998. In the year 1999 a house was purchased. The house was in my husbands name only. I had a bankruptcy and my credit wasnt very good, so my name was left off. My parents gave me $3000 for the down payment on the house. My husband and I married in the year 2000. We both worked and paid the house payment out of a joint checking account. In 2001 my husband was on disability, in March 2002 the temporary disability ran out.I worked two jobs from June of 2002 until October 2002 so I could afford the payments on the house. I left my husband in October 2002. He still doesn't work and is now on county aid. He moved his mom in with him, (she is on Social Security), in order to afford the house. I am going to file for divorce. My question is. Do I have a right to half the equity of the house. Do I also have a right to the $3000 down payment that my parents gave to me. I only want what I have a right to.


Asked on 6/12/04, 10:43 pm

2 Answers from Attorneys
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Home Ownership

Hello. Based on the scenario you describe, you are not entitled to half of the equity in the family home. Rather, you are entitled to a percentage of the home's appreciation from the time you were married until the date of separation (more on that below).

Calculating the percentages is complicated, and depends on the dates of any improvements and/or refinancings during your marriage and the formula used to make the calculation. I addition, the date of separation is a legal question - it may be the date you "left", it may not be.

You should obtain the assistance of an attorney to determine these fact intensive and important issues.

Best wishes.

Read more
Answered on 6/13/04, 1:15 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Home Ownership

The $3000 downpayment from your parents to you indicates a partnership agreement for the purchase of the home. However, before you invest a lot of money and time fighting for a larger portion of the house you should determine the amount of equity in the house. Then you can determine whether the amount is worth the effort.

Read more
Answered on 6/14/04, 2:57 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California