Legal Question in Family Law in California
Pay rent for your own home ...
I've been living in my home (also my soon to be ex's home) for the last 14 months. I live there with my 3 kids and grand-daughter. I was just served with papers from his attorney and one of the things my ex is wanting me to do is pay him $4500 for living in the home. Our mortgage is $1300 a month and I pay for it he has not paid a penny toward the mortgage or the second on the home. I pay for the water/ garbage also. His lawyer said that we could've rented the home for $1600 a month and that's were they get the $4500 from! He pays me $300 a month for child support and I have the child 100% (1 child is 18 and the other child is not his). Can they actually make me pay him the $4500 for living in the home for the past 14 months??
3 Answers from Attorneys
Re: Pay rent for your own home ...
This determinations are made by the judge after considering numerous facts. I would have to review a lot of information before being able to tell you what the chances are of the judge making such an order.
Re: Pay rent for your own home ...
Need more information to respond to your questions. Please call if you wish to discuss. Initial consultation typically without charge.
Re: Pay rent for your own home ...
As a general rule the fairmarket rental value of the property minus the amount of the mortgage is used to determine who pays who. If the amount is a plus then the person living in the house would owe 1/2 the amount. If it is negative then the person not in the house would owe 1/2 that amount.
It appears that the soon to be ex and his attorney are attempting to take advantage of you. To protect yourself you should retain an attorney to represent you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
