Legal Question in Family Law in California

property distribution in divorce

I want to move out of the house my husband and I own equally. If I move out do I lose my share of the equity in the home when we sell it? Or do I just lose my right to live there in the future? What rights do I lose if I move out of our home that we own as tenants in common.


Asked on 9/04/07, 1:26 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: property distribution in divorce

No, you don't lose your share of the equity. You may lose your right to live there in the future if you leave. If he continues to live there, he will be liable for one-half of the fair market rental value. If he is making payments on the mortgage, he will be entitled to reimbursement for payments made towards the principal only, not the interest and not the taxes.

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Answered on 9/04/07, 3:32 pm


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