Legal Question in Family Law in California

This is a question on division of assets:

My wife and I separated in April 2009. I moved out and rented a smaller place close by that had enough room for the kids (3) which I had part time. The amount of the rent was and is higher than the amount of the mortgage and subsequently could not afford to pay half the mortgage and rent on another place. She is now trying to deduct my half of the mortgage payments from the value of the house along with maintenance cost. Here the question. The mortgage, taxes and maintenance costs for the house are still less than the fair rental value. Can I use WATTS to make sure she does not deduct this off the value of the house? I believe I can but what I'm concerned with is my ex-lawyer (I fired him) said that I could but he never filed anything that we were going after the WATTS credits. Can I still do this now?

Also please note that she makes the same or more than do salary wise.

You can contact me at (714) 585-6555 David

Also, I am actively looking for an attorney to help me with this matter.


Asked on 2/15/11, 12:18 pm

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

You can make that argument if it has not already been decided. Income is not really relevant. If it has not been decided then file a request to have it applied. If there is a dispute of fact then there should be a trial.

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Answered on 2/20/11, 6:28 pm


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