Legal Question in Family Law in California

Mortgage Payment Obligations-Community Property

In a divorce action in progress, if one spouse conyinues to live in the house and pays the mortgage paymen ts in order to forstall foreclosure,(while the house is up for sale), does the other spouse have an obligation to pay one-half of the mortgage payments made, from the proceeds of the sale. Can you cite any precedents for this in CA? And do both spouses have to agree,before reimbursement is made?


Asked on 12/01/06, 3:59 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Mortgage Payment Obligations-Community Property

The answer to your question is not simple. Which spouse pays depends upon the rental value of the house and amount of the mortgages. Consult with an attorney.

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Answered on 12/08/06, 2:14 am


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