QUESTION
I owned my house before I got married and the house is only in my name, what amount is he entitled to?
Asked on Jun 17th, 2015 on Divorce - California
More details to this question:
I have been thinking divorce but I want to know my rights as far as if I owned my house before my marriage what is he entitled to? He moved out for one year during our 12 years of marriage and he didn't help pay any money on the house while moved out for that year. He gives me 1,000 a month towards bills, grocery and house. I work also and owned the house since 1989. I've worked very hard to keep my home. He said he would leave if I gave him 40,000 but I just don't know if I would qualify for that amount plus, I told him I would see what is fair not what he wants. Please advise.
2 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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No one can professionally answer this on so little information. If your house isn't valuable enough to justify hiring a lawyer, give it to charity.
Answered on Jun 22nd, 2015 at 12:17 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If you used your community earnings to pay the mortgage loan on the house then a community interest in the home can accrue. An analysis would need to be done which considers the value of the home at the time of the marriage and the value of the home at the time of separation and also how much of the principal loan balance was paid down during that time. The community interest would be only that pro-rata portion of the loan paydown relative to separation interest. Then the husband's share would only be half the community interest. If the loan payments you make are interest only then there may not be any community interest. See an attorney about such an evaluation.
Answered on Jun 19th, 2015 at 7:44 PM