Legal Question in Family Law in California
My house was completely paid for and half of the property was paid for, when my husband moved in. He helped pay off half ($20,000) of the property only. He did not pay for the installation of the well, septic, electrical, county fees and permits, or any other expenses involved. How much is he entitled to receive in compensation for his 25% of the property only? How is that determined? If it is based on the current appraised value of the property, does that include the well and septic? Can I deduct the cost of any improvements included in the appraisal, before determining his 25% ownership value?
1 Answer from Attorneys
Your post is confusing, as a loan does not distinguish between an improvement and real property. It seems as though you may be referring to a mobile home. The community would have a pro tanto (meaning for that much) interest in separate real property, to the extent that community funds (earnings) were used to reduce the indebtedness.
I suggest you speak in person with a family law attorney to determine what this pro tanto interest may be if you are considering a divorce.
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