Legal Question in Family Law in California
Property owned prior to the Marriage
I owned a piece of property before my marriage. We never lived in the home and there was a renter in the property who was paying for the full mortgage. When the renter moved there was about 20 months that I had to pay the mortgage of 653 per month. My husband is wanting to get the equity out of this house which is in my sole and seperate name. Is he entitled to the equity during this time or 1/2 of the payments that had to be made while the home was vacant? He is claiming that he is entitled to 1/2 of the equity from the time we were marriage to the time of seperation. Which is 4 years and 8 months. What am I required to pay him half of the equity or 1/2 of the payments made.
2 Answers from Attorneys
Re: Property owned prior to the Marriage
In a general sense, he may be entitled to a community property interest based upon a "Moore\Marsden" calculation, which would be much less than one half the equity in the property.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Property owned prior to the Marriage
Probably need more information. Did he do anything re upkeep, etc. Any other community funds used re upkeep, etc. If no to all and only community funds used for payments, taxes, probably only due half of funds paid from community, not half equity. Should retain counsel to review all.
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