Legal Question in Family Law in California

sale of home

My husband divorced in '94. The house was to be sold & the profits divided.Since he was raising their daughter, & his business was based in this home, he listed it but didn't sell it. His ex has now forced the sale. My question is- since the divorce was over 10yrs. ago, when the house sells should the division price be based on the value in '94 or now? The ex made no mortage/upkeep payments since she left in '93.

Thanks


Asked on 4/08/05, 5:25 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: sale of home

She owns one half of the house and is therefore entitled to one half of the net proceeds from the sale of the house. Your husband may have the right to reimbursement for one half of some of the repairs or improvements to the house. His ex wife may be entitled to one half of the amount of the amount by which the fair market rental value exceeds the monthly mortgage payment. You should discuss the facts with an attorney. Most houses have increased dramatically in value during the past 10 years and the rental value has also increased. The amount that he would owe her could easily exceed the amount of increased equity she will receive.

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Answered on 4/08/05, 7:50 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: sale of home

Certainly your husband has an attorney. I would hope he does. He needs someone to advocate his position. Call me directly at (619) 222-3504.

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Answered on 4/09/05, 2:09 pm


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