HI-- married for 9 years, he had a house before marriage. We decided I would cover household expenses while he paid down the mortgage as we saved for a new home. Now divorcing, and I can show I paid for food, gas, etc., and he paid the mortgage- does that make any difference what soever? He also refinanced once during marriage but says he no longer has access to the paperwork to determine if my income was on the loan, and he is claiming it is not. Who has the onus of proof? THANK YOU?
All the mortgage payments during the 9 years were community income. The community has a pro tanto interest in the property.
Your question is complicated. First the house is a separate property house but you gained a CP share in the house's equity earned during marriage due to the fact that a loan was paid on by income earned during the marriage. The income earned during marriage is CP income regardless of whose name was on the paycheck. That includes your paycheck. So you paid expenses on a house that was separate property but helped to increase the value of the house earned during the marriage. Not to sure what you mean by household expenses but if you refer to maintenance and repair, you might be able to claim a portion of that as to the value of the house. In reality it the credits and reimbursements might just wash out in the end. Talk to a family law attorney on this with specifics.
Your interest in the property is based on the mortgage payment made by your husband from community earnings so you don't need to prove any other contributions (regardless of what hubby says).
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