Legal Question in Family Law in California

I have been paying for our family home mortgage since separation and have exclusive use of the house. Rental value is lower than the mortgage payment. Can I claim Epstein credit in excess of rental value?


Asked on 7/21/12, 8:08 pm

1 Answer from Attorneys

Theoretically, yes, because the presumption that cost of ownership = rental value is a rebuttable presumption. However, you have to do the math on whether that is a fight worth having. You have to figure the cost of an evidentiary hearing to prove the difference with the burden of proof on you, possibly with the need for expert testimony as to the rental value. Then you have to remember that at the end of the day every credit is only worth 50% once property is divided.

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Answered on 7/22/12, 11:19 am


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