Legal Question in Family Law in California
Inheritance And Divorce
While married I inherited my childhood home. Although I was unemployed at the time I aquired a stated income mortgage loan in my name only to buy out my siblings. My husband signed a quick claim stateing it was my sole and seperate property. I refinanced twice within the first 2 years to get money I needed for repairs. Both times my husband signed quick claims stateing it was my sole and seperate property. We lived in the home for 4 years in which this time my husband never gave me help with any of the homes maintenances nor any money to help pay for contractors or credit cards I aquired in my name only that I used solely for home inprovements and repairs. Although I worked for two of the four years we lived there my husband was the main bread winner and did help pay for most of the mortgage payments but refused to help financialy in any other way unless I added his name on title. My husband has a substance abuse problem and is slowly destroying himself. He is a time bomb waiting to go off. He's had 8 tickets in 7 years and 6 car accidents. All his fault. So I refused. Anyway, he moved out 1year ago and with no income to pay for bills or for myself. I sold the home. He now wants half of the equity earned. whats the law on this.
1 Answer from Attorneys
Re: Inheritance And Divorce
He may have a slight interest under what is called the Moore/Marsden formula because of a pay down of equity, however, he probably has none. Bring your action for a dissolution and claim the proceeds as your separate property. Get the issue squarely behind you. A delay will only create more problems.
Good Luck, Pat McCrary
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