Legal Question in Family Law in California

My husband and I have been separated for four years now and is discussing filing for divorce. I have not worked for 6 years but will be starting work next week. When he left, he offered to give me the condo and I said no to it. But since then, I have decided to keep the condo. For three years after he first moved out, he was making payment on the mortgage. But 10 months ago, he told me that I need to pay my own mortgage despite the fact that I was not working. He said he didn't care if the bank foreclosed on it. He also recalculated the child support and gave me less than what he was giving me before. I never checked to see if it was correct or now. He also wanted to enroll our son in private school even though I preferred public school and he minus $275 from the child support check to pay the private school. I was getting less support from him and he stopped making payment on the condo. I had to borrow money from family so I can make payment on the mortgage. I'm quite surprised now that he expects half of the equity from the condo since he the one that didn't care if the bank foreclosed on it or not. Is he still legally entitled to the half the condo and its equity or did he relinquish rights to the condo when he stopped paying it and didn't care if the bank foreclosed on it?


Asked on 1/18/15, 9:15 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Typically the person in possession of the residence is responsible for the normal expenses including mortgage and utilities unless there's a court order that makes different arrangements. More information is needed to properly assess your rights including the right of child and spousal support. Please meet with an experienced family law attorney to review your legal options.

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Answered on 1/19/15, 7:26 am


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