Legal Question in Real Estate Law in California

i live in ca. My wife left me and our home. We both have are name on the home loan. Can I make her pay half the mortgage


Asked on 5/13/10, 4:36 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You can sure try, but I doubt you'll succeed other than by filing a divorce action and seeking division of the assets. Consult with local divorce attorneys.

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Answered on 5/18/10, 5:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The only way I know to get a court order against a spouse regarding community real property is to file for legal separation (if you don't want to divorce) or for dissolution (or annulment) of marriage (if you do want to be divorced). Perhaps if you had a written agreement for some other business arrangement you could enforce it in a regular (civil) proceeding, but it looks to me as though your solution lies in family court.

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Answered on 5/18/10, 5:51 pm

Assuming this is headded for divorce, she owes you half the monthly cost of owning the property, but you owe her half the rental value of the property if you are the sole occupant. There is a strong presumption that the two zero out. Once you divorce, one of you will have to refi-the mortgage, or you will have to sell it.

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Answered on 5/18/10, 6:10 pm


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