QUESTION
Does my ex have any claim to my home if I am paying the mortgage?
Asked on Jul 09th, 2012 on Divorce - California
More details to this question:
I purchased my home almost 5 years ago. Due to the economy I had to rent it out for the past 2.5 years. My mortgage is paid by me sending my mother a check from my separate checking account to a house account where the mortgage is paid. There is 0 equity and we are $100K under water.
8 ANSWERS
Maybe, but all she would get is half of $100K under water.
Answered on Aug 13th, 2012 at 1:12 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Even if he has a claim to the house his claim would be for half of the equity or $0.00
Answered on Aug 10th, 2012 at 10:13 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Your question is impossible to answer without knowing when you became divorced, where the funds to purchase the house to came from, whose name is on the title to the house...etc. If you bought the house while married, with community property funds, then there is potentially a claim, but if there is no equity in the home there would not appear to be anything to fight over in the first place.
Answered on Aug 10th, 2012 at 10:00 PM
The answer to your question depends on where the money came from (and comes from) that you use to pay the mortgage. If it comes from your earnings during marriage (regardless of a separate account) husband is entitled to reimbursement of one-half of all payments made to your mother. If the money came from a separate property source (ie, money you had before marriage, inheritance, etc) then he is not entitled to reimbursement On these kinds of issues you will probably need a lawyer.
Answered on Aug 10th, 2012 at 9:31 PM
Criminal Law Attorney serving Palmdale, CA
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Law Offices of John C. Bigler
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There is no equity. The home is $100k upside down. Your ex would be claiming one-half of an asset with negative equity. You should talk to a bankruptcy attorney about attempting to reduce the loan amount or walking away from the property.
Answered on Aug 10th, 2012 at 9:23 PM
This depends on if the property was acquired during marriage and if any community funds, i.e. earnings during marriage, savings during marriage, etc., were used to pay on the house, how title was taken, i.e. joint tenants, and any separate property funds used to buy/pay on the house, i.e. property acquired prior to marriage, or during marriage if acquired by inheritance or gift. You should schedule a consultation with an attorney to go over these issues, as real property issues at divorce can become complicated very quickly.
Answered on Aug 10th, 2012 at 9:19 PM
Any payment of the mortgage using community funds, ie wages received during the marriage would create a community interest in the home. However, that interest woul currently be worth nothing. You should consult a family law attorney to go over all of the facts and determine what community interest, if any, there is in the property.
Answered on Aug 10th, 2012 at 2:45 PM
Civil Litigation Attorney serving San Diego, CA
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Gerald W. Hokstad
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Even if there was a claim; zero equity results in wife's zero recovery. If you owned it before marriage, then the house is your separate property.
Answered on Aug 10th, 2012 at 2:44 PM