Getting divorcee after 20 years. Have restraining order against husband Move out of my home because I felt unsafe because of other issues. Assault incident was 1-12-2015. Moved out end of March 2015.my husband moved back into the house in April 2015 My attiorney who I had to let go after paying $14,000.00 because I could no longer afford to pay. But he did state that when at the time of divorce hearing that I am entitled to 1/2 of going rent rates for my home from I moved out til divorce hearing. Average rent for my location of home is $1800.00. Is this true. ?
Partially true: you can request 1/2 of going rent minus cost of mortgage payments if being made by husband, but no guarantee that the judge will order it (not "entitled" but possibly - depending on other circumstances determined by the judge)
Maybe. If home is CP, you may request one-half of rental value.
Party paying mortgage entitled to one-half offset from other party.
Your attorney gave you good analysis.
Well, there is a distinct possibility that the court could "charge" your husband with the fair rental value of the home for the period of time when he had exclusive possession. But only if he did not pay his fair share of the mortgage payment. You might google "watts epstein jeffries" to read all about the rule. Unless it's a million dollar or more house, I wouldn't spend the money on an attorney if that were the only issue. But at least you should read the rule and be familiar with it before you walk into a trial unrepresented.
Available to represent Family Law clients in the Counties of San Bernardino, Los Angeles and Riverside.
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