Legal Question in Family Law in California

Regarding value of home

My home was paid for mostly by my inheritance so my husband quitclaimed it over to me as my ''sole and separate property'' (selling price 10 years ago was $223,500, I put 110K down from inheritance and paid off loan 4 years ago with additional $117K inheritance.) As we are now getting divorced,he says he should be entitled to 5% of the current selling value of the house, even though I do not intend to sell it. Is he entitled to this amount even though he signed a quitclaim and made a verbal agreement with me? If so, does the more than 12K in repairs and maintenace which we got behind on in the last 4 years detract from that ? (i.e. if he says I owe him 15K can I deduct 1/2 of the amount I now will have to pay on my own to complete past due repairs?


Asked on 5/01/06, 9:54 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Regarding value of home

This area of family law is complex. The amount of your inheritance is separate property. The general rule is that you would be reimbursed for your separate property invested in the property. Also if he owns only 5% of the house why would he be liable for one half of cost of repairs. Considering the amount of money involved you should consult an attorney.

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Answered on 5/06/06, 2:40 am


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