Legal Question in Real Estate Law in California

Re: Division of property

Get represented to be sure she gets as little as she is entitled to. Call me directly at 6192223504.

Re: Division of property

I'm sure you asked the question to get an answer, not phone numbers for attorneys that would like to represent you. Your question actually falls into the category of family law or divorce and dissolution, rather than real estate law, and you may want to re-ask it on LawGuru under one of those categories to get more and better answers, but here's a first shot:

In a California divorce, the parties essentially have first shot at deciding how their community property will be divided, because that can always make an out-of-court contract that becomes part of the court's decree. This probably happens about half the time, maybe more, usually when the divorce is not acrimonious.

In contested divorces, the law requires the court to divide the net community property (assets and liabilities) equally. Achieving an equal division is not often easy, because there may be a single asset (e.g., thir house) that represents over 50% of the community property, and selling it is not the best idea (because of minor children, market conditions, or whatever).

Another rule is that the equal sharing of earnings and expenses comes to a halt when the couple separates. This doesn't mean a "legal separation" by court order (which is about the same as a divorce as far as Caesar is concerned, but not a divorce in the eyes of God) -- it means only that the couple permanently ceases to function as a married paid, usually by living apart. After such a separation, the law recognizes some distinction in the rights and responsibilities of the "spouses" in, e.g., the income earned by each. So, remember that post-separation is different from pre-separation. Get details from a family-law practitioner!

Your last question about possession, etc. of the house has a shred of truth, but it's really up to the judge's discretion, and much more likely than not you won't be penalized by having the house frozen until age 18 - there is a strong element of fairness in the ourcome of these cases, especially for those who are realistic and don't expect too much, and who are well represented in negotiatons. No one is really happy with the outcome of a court-ordered property division; your ex will be just as upset as you....the problem is, sharing 100% of the community assets makes both feel richer than when each has excusive ownership of just 1/2.

Re: Division of property

As Mr. Whipple stated this area of law is really family and not real property law. In regard to the mortgage on the house, the person living in the house is receiving the rental value of the house. Thus the amount of the mortgage is subtracted from the rental value of the house. If the answer is positive, that is the mortgage is greater than the rental value, the non resident spouse owes one half of the difference to the in spouse. If the rental value exceeds the mortgage value then the in spouse owes the out spouse 1/2 of the excess. In regard to the debts, unless she charged them shortly prior to the separation you will be held liable for a part of them. The debts do not have to be divided equally. They are often divided in accordance to the ratio of his income to her income. The answer may also change depending upon the what items were purchased. Use of your separate property to pay community debts is a reimbursable expense. With the amount money involved with the sale of the house and the $15,000 in debts you would be well advised to retain an attorney to assist you. The proper evaluation and presentation of the facts in your case can save you money.