Legal Question in Family Law in California
property issue on divoice
I bought a house with my girlfriend in the title of
tenants in common in 2003. She refused to pay anything
after we bought the house.
We got married half year later. She still refuse to
pay anything, even refused to pay for any home
expense. About 10 monthes later, she filed a case of
''dissolution of marriage''. Now she want the half of
the equity.
The house was purchased at $772K, I put 20% down
payment ($160K), and I pay all monthly mortgage
($4500). My salary was about $85K and could not cover
the mortgage with my salary. Her name is on the loan,
which is about $600k now.
We both work as engineer, and have similar salary.
Could someone please give me some analysis on my case?
I've talked several attorneys and most said the equity
is community property and will be divided 50-50.
2 Answers from Attorneys
Re: property issue on divoice
This is a complex case as the house is not really community property. It is still tenants in common, unless there was a re-fi that changed the title. The court has a certain amount of descretion to divide the equity according to fairness. That is a very broad statement. In a family law matter must judges would probably treat it the same way they treat community property, which I think is incorrect, but I'm not the judge. Almost certainly you should get at least your downpayment back and then split the equity after that. If you don't get that much I have one work, APPEAL. I would argue that you should get back your downpayment, plus a portion of the equity that equals the increase the you have contributed toward the house from your separte property, plus half of the community share. But then again, in Family Law Court I would probably lose that position although would have a good chance on an appeal. Community property law should not be used for division as it is not community property. Good Luck, Pat McCrary
Re: property issue on divoice
Those attorneys are basically correct. Except for the separate funds that you put in as a downpayment, the equity is either community property or an equal share of the equity in the property.
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