Legal Question in Family Law in California

Re: Property Division during divorce

You are entitled to half the equity and half the debt. Not understanding the fact you have not been in the home for five years. Unless you had a legal separation and other facts exist, it is a community asset if purchased during marriage. 800-685-6950

Re: Property Division during divorce

At divorce, each party takes 100% of their own separate property. Separate property is all property acquired before the marriage, plus property acquired during the marriage by gift or inheritance. The rest of the property is basically all property acquired during the marriage other than by gift or inheritance, and is called community property. This sounds like he may have owned the house before the marriage, then put it into your joint names after marrying. I am assuming those are the facts and if they are not, let me know.

Normally, in this situation, and assuming all payments on the house made after marriage were from community property (current wages, etc.), then the community property portion of the total equity would be the increase in the equity since the marriage. So, if the total equity were, say, $200,000, and it was $100,000 at the time of marriage, then $100,000 would be his separate property and $100,000 would be community property. You would, in this circumstnace, be entitled to $50,000, or half the community property portion of the equity, so it sounds like your husband is right if these are the facts.

If he actually deeded his house to you at or around the time of marriage, there may be a legal question as to whether this was a wedding gift to you. If it was, you may be able to contend that he made a gift to you of half his separate property interest at the time of marriage. In that case, you would be entitled to half of the entire equity.

If you need further assistance, you can e-mail me at [email protected].

Re: Property Division during divorce

Very simply, you are entitled to one half of the equity in the property at the current time. Ex may get credit for total payments that he has made for mortgage and upkeep, less the rental value of the property, which generally works out to a wash. Since property has gone up substantially in the last 5 years you should get an attorney to protect your substantial property rights. Many attorney's would take this case with a small retainer and the balance to come from the equity in the house. Good Luck, Pat McCrary

Reply: Property Division during divorce

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 family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net