Legal Question in Family Law in California
My husband and I purchased home a few months before marriage in March 07, it is for marital estate purpose though it is purchased before marriage. The deed list unmarried man and unmarried woman, Joint tenancy. Then we got married in Aug, 07. We paid the mortgage via our joint account through two years marriage. We file divorced in Sept 09. The home value is decreased but the equity now is $90,000. How to divide the marital estate? 50/50
1 Answer from Attorneys
My initial reaction was to say "of course 50/50." There are, however, a few things that could change that. If one of you paid more than the other on the mortgage or down payment, the division might reqire adjustment. Payments after the date of separation will need to be looked at too. It should be very close to 50/50 but might not be exactly.