Legal Question in Family Law in California
real property sale after divorce
if real property was not disposed of in original divirce order, does the party who left the home owe the party that has been making the payments 1/2 of the taxes and /or payments made since the divorce upon sale of property if both are still on title??
3 Answers from Attorneys
Re: real property sale after divorce
It would be up to a court to rule as to whether you would have a duty to re-pay � of the taxes and other payments. However, you might be able to asset a "Watts": Charge against the other party as as off-set to any money found to be owing. In fact, the other party might end up actually owing you money if the reasonable rental value of the house exceeds the payments. When one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse should compensate the community for the reasonable value of the use. In re Marriage of Watts (1985) 171 Cal. App. 3d 366. Your situation is a little different in terms of the time period being after the judgment, but it is likely that a court would apply the same rule. Because the house was not divided in the original decree, the court can still order that you receive your � interest in it. You should take action to obtain your share.
Adam N. Gurley
415.334.8439
Re: real property sale after divorce
It depends on what has happened and what was decided at the time of the divorce. In many cases the cost of maintaining the property is roughly equal to its rental value so the parties consider the situation a wash.
Re: real property sale after divorce
It is highly unusual that the property would not have been disposed of during the dissolution of marriage. I have many questions for you on this issue to determine what the true situation is but the bottom line is that you are most likely tenants in common and yes this person should be paying 1/2 taxes and 1/2 or all other payments on the property in a normal situation. So long as you have no rental agreement with the other person you would not have to pay fair rental value for your use of the property because tenants in common do not have to pay rents to each other unless there has been an ouster by one of the other.
Anyway you can call me for a free telephone consultation if you are in Southern California at 818-342-8020
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