Legal Question in Family Law in California
Husband and wife purchased a home together as joint tenants; each paid $20,000 down and split the monthly mortgage payments in half. The wife decided to divorce the husband and moved out of the purchased home to a residence that she owned prior to marriage. On the day of the wife moving out of the home, the husband stated to the wife that he could not afford the total mortgage on his own and asked the wife to sale the home ( she is a realtor ), she said no and for the husband to get a room mate. The husband did not push the wife from the home or in any way prevented the wife from returning to the home at any time ( she had keys and a garage door opener ). The husband tried for two years to save the home from foreclosure by hiring a loan modification firm to work with B of A; the husband stayed in the home during this period, but could not afford the $3100.00 payment. The home was forclosed on. Can the wife ( part owner ) become a land lord and charge the husband ( part owner ) like a tenant, a monthly rental / usage fee for living in the home while trying to save the home ? The husband had no other residence to move to like the wife did. The wife knew that the home was in foreclosure.
Please identify any case law to fortify your answer for my research.
Thank you VERY much.
Herb. M.
3 Answers from Attorneys
Husband needs to get a lawyer NOW, instead of trolling for information on the internet. He has a very complex problem that may be beyond fixing at this point, but his only hope is to get a lawyer involved immediately.
Hypothetically, if the house could have rented for more than the mortgage, wife might try to make a claim for part of that "rental" surplus. Tim is right. Please get a skilled family law attorney to assist you.
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