Legal Question in Family Law in California
My wife moved out of the family residence a month ago. Several bills are due such as Personal property tax & Insurance on our RV. Her lawyer is saying that she does not have to help with those expenses since I have exclusive use of those things.....The RV is just sitting no one is using it. She has both the RV & the Boat listed as community property in the summons.
Since she is on the title of both items & would expect 1/2 of the proceeds if they were sold, shouldn't she be required to pay 1/2 of the taxes & insurance??
1 Answer from Attorneys
It is not common for someone to get exclusive use of an RV and Boat. If the court in fact ordered you to have exclusive use of these items then yes you are responsible for the payments including the taxes and insurance. If the court did not specifically award you exclusive use of these items then you should ask for credits back for all the payments that you made at the end of the divorce whether by settlement or trial. If you have receipts for all the payments that you made, then in court you can present this and the court can award you 1/2 of everything you have paid since the date of your separation. Your spouse will then be ordered to pay you 1/2 of the amounts you have paid on the community property obligations. The legal term for these credits is "Epstein Credits."
Best of Luck
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