Legal Question in Family Law in California

my husband divorced his ex in 2007. their divorce papers state that out of the sale of their home they were to pay all community debt, and pay 25000 to his ex mother in laws estate for money borrowed, and if there was any profit that be split equally between them. the home did not sell and so my husband bought it from himself and her. he financed enough to pay off their existing debt and the money to the estate. since then he has refinanced the home a couple of times to bring the interest rate down and lower his payments. now this year (2013) we decided to sell and downsize. we made a little bit in equity since the market came up a bit in the last few months. his ex is now claiming that half of the equity belongs to her. is this correct???

Asked on 6/09/13, 4:20 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

She has no right to half of the equity if she sold her interest before. She does not get paid twice.

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Answered on 6/17/13, 5:09 pm

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