Legal Question in Family Law in California

Property/Equity

I bought my home before I married my husband. The marriage lasted 6 years. AT one time I refinanced the home and my husband was on title and loan as I could not qualify on my own. After 10 monhts I refinanced the home on my own and he was no longer on the loan or title.

How much of the equity would he be entitled to in our divorce?


Asked on 8/06/03, 3:34 pm

5 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Property/Equity

Need more information. Need to know who made payments, where money for payments came from, who paid taxes, etc., etc. Would be pleased to speak with you regarding these matters. Please call 1-800-685-6950

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Answered on 8/06/03, 4:06 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Property/Equity

In order to answer your questions I would need more information from you. 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.

I can also offer you a complimentary 10 minute telephone appointment.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 8/06/03, 4:10 pm
Dieter Zacher Law Offices of Dieter Zacher

Re: Property/Equity

There is certainly an argument as to "commingling" of assets. Hopefully, he doesn't want the house or any interest. But, need to know who made payments, taxes, insurance, etc. Thanks for inquiring and good luck.

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Answered on 8/06/03, 4:44 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Property/Equity

Unfortunately, that is a question that could only be answered authoritatively by a judge who will take into consideration all of the facts concerning the quit claim deeds. The most probable result is that he will have only the equity that can be attributed to a paydown of the mortgage, in other words, he may not have much of an interest. I would like to say that all judges would make the same decisions, but that is simply not the case. This is not an issue that you would want to take to a trial judge without an attorney. Get a consultation with an experienced family law attorney that has handled at least 200 family law cases. You will need someone who knows the law, the facts and the judge. Good Luck, Pat McCrary

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Answered on 8/06/03, 6:14 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Property/Equity

The amount of equity owned by your husband would be based upon the amount of equity gained during the marriage if community funds were used to pay the mortgage. That is earnings from both you and your husband during the marriage. Call me directly at (619) 222-3504.

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Answered on 8/07/03, 11:49 am


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