I am going through a divorce since June 2012 and we have a house together. I am still living the house with my son and still paying the mortgage for the house and second that we have. She has not made a payment on the house since we were separated. I went and had the house appraised in May 2012 to show her that there is only around 20,000 in the house. She heard that the housing prices has been going up in the last couple of months and she wants more know. Do I have to pay her more even though I have been making the payment and making the principle go done on the house and second witch is making more equity in the house? Does she know get more from the house or is it when it was at the time of the divorce filling?
Divorce / Separation Lawyer
I am sorry that you are going through this, you live a in community property state and you should sit with a local attny and discuss how that will affect your contributions to the martial property since the separation and prior to the marriage, etc. take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
9 found this helpful
4 lawyers agree
Child Custody Lawyer
While you have been making its payments you have also been getting free rent so the two will likely cancel each other out. The home is likely to be valued as of the time of trial, but if you can agree on a full settlement without trial you can agree the house worth whatever you both agree its worth.
Thomas Neil is a Sacramento attorney, with 20 years experience, representing clients in court in Sacramento, the Bay Area, and surrounding counties. Or, if you cannot afford full representation then Mr. Neil can instead write you the forms and declaration you need, help you serve them, and tell you what to say and you can go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of success in court. Our office takes credit cards.
Thomas A Neil
3224 El Camino Avenue
Sacramento, CA 95821
1 lawyer agrees
She is entitled to value of the house at the time of separation. You need to establish the same.
The other attorney is right about you living in the house rent free. It is legally a question of credits and reimbursements. So, Watts charges and Epstein credits concept shall apply.
In a divorce case, Watts charges are a charge against a spouse's share of community property made to reimburse the community for the value of his or her exclusive use of the property after separation.
Epstein credits are reimbursement claims against the community property for the payment of a community debt with separate assets.
The answer requires deeper analysis based on actual numbers. The answer is not as simple as you might think but is simple enough...it just requires that you sit down with an attorney to help you understand the numbers and what is fair to both of you.
You must contact a local immigration attorney or obtain telephonic consultation from an immigration attorney to discuss specifics of your situation and get full advise.