Legal Question in Family Law in California

my husband has not paid the mortgage for months without telling me. now he wants a divorce. i am trying to save the house for myself, but isn't he also still liable for the loan?


Asked on 3/10/10, 11:56 am

1 Answer from Attorneys

Yes, he is still half liable for the loan. However, if he moves out, he is entitled to rent from you for 1/2 the reasonable rental value of the property, and the presumed reasonable rental value in the absence of evidence to the contrary is the mortgage, taxes and insurance on the house. In other words, he still owes half the mortgage, but you owe him rent back of the same amount. Now all this goes into the child support and spousal support calculations too, so he doesn't necessarily just get to walk away and leave you with nothing. He is also liable for 1/2 the missed payments. As I think you can tell, however, this is going to be a bit compilicated. If you read my other responses in Family Law, I refer people to self-help resources as much as possible, but this is one you probably need a lawyer on.

Read more
Answered on 3/15/10, 11:01 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California