Legal Question in Family Law in California
Pension earned before marriage
I retired in 1990 & receive a pension. I married in 1998 & am presently geting divorced. My wife had approx $50k equity in a home when we got married. i was put on title years after marriage. We sold the house in 2002 & put the preoceeds into another home (we are joint tenants). Over the years of the marriage I earned approx $160k in pension monies. The pension monies were used for''community' things, home inprovements, equity pay down, vacations, cars, furnisings, etc. My position is home equity should be split at least 50/50 because we used my pension monies in lieu of 2nd mortgaes/equity loans, etc.
3 Answers from Attorneys
Reply: Pension earned before marriage
Your issues are complex and documents will have to be reviewed before an opinion can be arrived at.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Pension earned before marriage
It's not that easy. You could argue your position however your wife would probably argue for a credit on the 50k in her equity. You could argue for a credit on monies used to improve the new house. I hope you have retained counsel or are planning on retaining counsel.
Re: Pension earned before marriage
The most probable result is that your wife will get the $50 equity that she had in the house and the balance of the equity is split evenly. If you can trace your pension into any particulare item, such as a vehicle or furniture, you could get a reimbursement for the current value of that vehicle. If you pension was used to make the trust deed payments you can argue that the equity paydown should be reimbursed to you. These are tough issues and you need an attorney. Pat McCrary
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