Asked 8 months ago - San Francisco, CAFlag
I was file for divorce by my ex-wife in june 2010. As the filing time (not divorce yet), she kicked me out of the house. I was insult , harrassed by her and her family (we all live in the same house). She threated that she would change the door lock and not allow me to see my son.
I forced to rent a place in somewhere and cost me 1,000 a month. Our court date is next month and I hope to reimburse by rental expense .
My question is: Can I claim reimburse all the month for rental expense in divorce court? Or
Should I treat the house as rental house and charge my ex-wife and her family to stay there during the period I was forced to leave?
In order to answer your question directly, most attorneys are going to need more facts about the case. My best advice to you is that you contact an attorney for a brief consultation on the issue of reimbursements.
Generally speaking on the issue of your family home: if you and your wife own the home together, you may be entitled to a reimbursement claim based on the fact that she has exclusive use of the property.
A lot of issues will come into play when considering a property division, so it is difficult to look at one issue in isolation. However, assuming for argument sake that the family home was community property, it does have a rental value that can be assigned to the community, not you personally, unless of course, the house has a separate property component.
If the court date next month is your trial to divide up your property, you should consider consuliting with an attorney to help you.
You can't get what you are asking for, but you can make a Watts/Jeffries claim to recover from your wife your half of the reasonable rental value of the house during the period of time that she had exclusive use and occupancy of the residence, assuming that the residence is community property. You would best retain an experienced Family Law Attorney to advise and represent you in your divorce.
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