Legal Question in Family Law in California

Property division

Married and bought house for 25,000 in 72. In 82, and one child later couple Divorce. Wife waives any support for house. My X-husband signs off the deed. In 86 she remarries. House value 100,000 at time of 86 marriage. Remaining balance on house loan 16,000 at time of 86 marriage. Her child from first marriage lives with her, in house till age 18, which is in ''94''. House paid off 2002. Included in house payment for all those years, was the Taxes and Home owners insurance included in monthly payment. In 2007 husband from 86 marriage file for divorce. Home sales have gone down lots in area. House in question has had no improvements since 71 other then a new roof back in 92, which wife paid for from her own inhertance money. House value now selling as is would be about 375,000. My question would be how would this be divided. I did live in house for 14 years before second marriage, and my son lived in the house as part of my settlement from first marriage till he was 18. Please help me...


Asked on 1/11/08, 4:17 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Property division

If the community help pay down the mortgage, then it will have a slight interest in the house. It probably won't be much. Remember you get 1/2 of the community's interest. You need to conduct a Moore/Marsden calculation.

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Answered on 1/27/08, 5:45 pm


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