Legal Question in Family Law in California
Increase in home equity after legal seperation
My husband and I were legally seperated in November 2003. We had no intent of getting back together, but on seperated due to health insurance reasons. I have been paying the full mortgage on our house since the seperation. He has contributed nothing towards the house for upkeep or the mortgage. The equity in our household has risen significantly over the last few years. If we divorce, is he intitled to half the difference in equity that the household has increased. Even though he has contributed nothing to the house since we seperated?
2 Answers from Attorneys
Re: Increase in home equity after legal seperation
If you were legally separated, then the separation agreement will control the question of who gets what when the house is sold. If there is no mention of the house in the separation agreement, your spouse has the same rights as a partner. He gets 50% of the increase in value less the money you put into the investment.
Re: Increase in home equity after legal seperation
He is entitled to one half of the current value of the house. In regard to the payment of the mortgage on the house the answer depends upon the rental value of the house and the monthly mortgage payment. For example if the rental value of the house was $1,500 per month and the mortgage is $1,000 you would owe him 1/2 of the excess of the rental value over the mortgage, $500 divided by 2 equals $250. If the difference were reversed that is the mortgage exceeded the rental value by $500 then he would owe you 1/2 or $250 per month.
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