Legal Question in Family Law in California

property division and settlement

My ex and I purchased a house together in 1990 for $128K. We separated May, 1998 and I remained in the house and took over payments on the 1st and 2nd mortgage, for a total of $124K. In July, 1999, my ex requested his name be removed from the house and 2nd mortgage for personal financial reasons. The house was �upside down� at that date and valued at about $100K. We were legally divorced in January, 2000. I had been continuously supporting the 1st and 2nd mortgage and upkeep since our date of separation in May, 1998. In August, 2001, after many upgrades, the house sold for $160K.

Question:

What, if any, amount of the proceeds of the sale of the house is my ex entitled to?

At the time of sale, I owed approx. $122K between the first and second mortgage, had approx. $3K in upgrades and improvements out of my own pocket, and approx. $4K in real estate fees for the sale of the house.

Also,

My spouse incurred approx. $30K in student loans (in his name only) for a degree he wanted to pursue that had nothing to do with his existing employment (obtained a history degree when he was a law enforcement officer). He was not required by his employer to obtain this degree.

Am I responsible for any of this student loan?


Asked on 8/25/05, 12:51 pm

1 Answer from Attorneys
Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

Re: property division and settlement

OK...it depends on whether you completed the property division in your divorce. If you did, and the house was to go to you, then you don't have to pay him anything from sale. If not, then he would still be entitled to 50% of the net proceeds. You would get reimbursed for proven upgrades, but not for mortgage payments. He probably gets incentive pay for the degree,so if community funds (which would include the second) were used to pay for the college, you may be able to get reimbursed for 50%. If he is looking for part of the proceeds or if he gets an attorney, I would retain one as well, if I were you.

Geoff Sutliff 916/446-1516

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Answered on 8/26/05, 1:34 pm


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