Legal Question in Real Estate Law in California

Interspousal Transfer Deed

I am in the procees of divorcing. I had my wife sign a interspousal transfer deed before we purchased the house. i know she might be entitled to some monies. Her father gaves us $15000 for the down payment on the house. Me and her used $3000 and my parents gave us $7000 for downpayment. We lived together in the house for 6 months and our mortgage was $2000. She abandoned the residence on the 6th month and i have been paying the mortgage since. We are going on 4 years of seperation not legally. She is filing the papers now and put of seperation date as i have noted above. I know i will have to pay sumthing as community property. Can someone give a ballpark figure with the amounts above.


Asked on 4/30/08, 7:22 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Interspousal Transfer Deed

No. There are two basic approaches. One is to calculate the wife's contribution and a fair return on the money. The other is to establish a ratio of ownership based upon contribution, and use that to establish a percentage of ownership. Which is used depends on a lot of circumstances and is the subject of lots of litigation. Your paying the mortgage is one thing, but you, of course, were living there and the rental value of the premise has to be accounted for and deducted from your payments.

Get a lawyer, and go to mediation and/or arbitration to work it out.

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Answered on 4/30/08, 9:18 pm


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