Legal Question in Family Law in California

Separation

My spouse and I separated 8/05 we refinanced our home and paid off all our debt. I stayed in the house since this date and have continued making payments on my own. Because of changes in my income I now want to sell the home. My question is will I get any credit because I have been making the payments on the house? I only ask this because isn't it technically still a debt that is mine and my soon to be exspouse? I thought that maybe I would get 1/2 of the credit say my payment is $1500 divided by 2 that is $750 which would then be multiplied by the number of months I have been making payments and receive that credit?


Asked on 5/15/07, 4:44 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Separation

It is possible that the court could give you reimbursement the difference between the payment that you have made and the rental value of the house. That is the most likely outcome but it is in the discrection of the court. Good Luck, Pat McCrary

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Answered on 5/15/07, 6:56 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Separation

You are entitled to 1/2 the house payments minus the 1/2 the rental value. That is a fancy way of saying since you live there, it is your obligation to pay the mortgage. If you could not afford it, you could have got a renter.

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Answered on 5/15/07, 7:51 pm


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