Legal Question in Family Law in California

Mortgage Responsibilities

Last Thanksgiving, I told my husband for a divorce when he was visiting his family in another state. He never came back to California. I have been paying our mortgage by myself since then. We are in the process of selling the house now and splitting up the profit evenly. However, he refuses to pay me back any part of the mortgage that I have paid for this year because he didn�t live there. Am I legally entitled to ask for some repayment?


Asked on 10/19/06, 5:18 pm

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

Re: Mortgage Responsibilities

The general rule is that if the mortgage payment exceeds the fair market rental value of the home then the in spouse is entitled to be reimbursed for one half of the amount that the mortgage payment exceeds the fair market rental value. If the reverse is true the rental value is greater than the mortgage then the out spouse is entitled to one half of the difference. There may be facts and circumstances that would give a different result.

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Answered on 10/23/06, 8:24 pm


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