Legal Question in Real Estate Law in California

Can a person go after their ex-spouse for penalties assessed due to unpermitted remodeling? Scenario: married couple buys a home, makes extensive renovations over a 10-year period, about 90% without permits. Both spouses well aware of this fact. Fast forward: divorce. One spouse keeps the house. Two years after divorce finalized, somehow the county and the city are informed of each and every renovation that as done without permits. Is the spouse who has not owned the house for more than 2 years liable for any penalties or costs of pulling permits/bringing up to code, etc.? Disclosure should not be an issue as both were fully present and aware when the work was done.


Asked on 11/12/12, 10:59 pm

1 Answer from Attorneys

The only issue I can see would be a disclosure issue in the distribution of assets in the divorce. If the spouse that was awarded the house knew about the lack of permits, they took the house as part of their share of community assets knowing the potential impact on the value of the house. Since liability runs to the current owner for unpermitted work, not the person who did the work, I see no basis for going after the spouse who does not own the house. The only other thing that occurs to me is if they retained joint ownership, which I strongly recommend against but some couples do. Since responsibility for the unpermitted work runs with ownership, if the house remains jointly owned, then both spouses share the responsibility for the unpermitted work.

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Answered on 11/13/12, 8:27 am


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