Legal Question in Real Estate Law in California

Home payments after divorce

My wife agreed after divorce to keep making payments toward mortgage and expenses ($1000 per month into joint account) She stated that she would continue making payments as long as the joint account was kept open.

We tried selling the house but market was just too bad in Lathrop, San Joaquin County area that we didn't even get one offer after months on the market. Since our divorce no one has been living at the house and she is unwilling to rent it out.

She then took me back to court to try and get more $ for child support saying she needed the $, but that was a lie because she makes more than I do and she gets big bonuses (last year she got a $100,000 bonus).....well the judge saw right through her and gave me more time with our 2 boys (used to be only every other weekend.....now i have them everyday from 3pm-6pm plus every other weekend)

This infuriated her and she's been on a rampage trying to make life for me as hard as possible. Now she took 1/2the money from the joint account...so what can I do to make her pay her share of the mortgage and expenses? I tried buying her out but she demanded $75,000 which was unreasonable...realtor said between $40,000 and $45,000 based on market. Her name is also on the loan.


Asked on 10/03/08, 9:26 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Home payments after divorce

You could file a motion for an order that the house be sold. Then request that you have the first right to bid on the house. Get an appraisal of the current value of the house. With the appraisal you can request that the court determine the sale price and from there the equity. This will allow you to determine how much she should be paid.

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Answered on 10/09/08, 8:38 pm


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