QUESTION
Is she entitled to any of the condo if she did not directly contribute to the mortgage payments?
Asked on Apr 17th, 2013 on Divorce - California
More details to this question:
I owned a Condo before we married. We lived in the condo during the marriage.
7 ANSWERS
She is entitled to one-half of all payments made on the condo during marriage so long as those payments were made from earnings and not from gifts or inheritances.
Answered on Apr 18th, 2013 at 4:03 PM
Family Law Attorney serving Los Angeles, CA
at
Law Offices of Rosaline L. Zukerman, APC
Update Your Profile
You should have had a prenup. But you now have a valid claim which your lawyer should pursue.
Answered on Apr 18th, 2013 at 4:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Get an attorney, she may have some interest in the equity on the condo accumulated during the marriage.
Answered on Apr 18th, 2013 at 3:59 PM
If you used current income to pay for the condo during marriage then there would be a community property interest as well as a separate property interest in the condo. You should consult a family law attorney to review all of the facts and advise you.
Answered on Apr 18th, 2013 at 3:59 PM
DUI Attorney serving Grove City, OH
at
Law Office of John G. Galasso
Update Your Profile
The condo should be listed as a premaritial asset; She may however be entitled to some of the equity for the time you have been married.
Answered on Apr 18th, 2013 at 1:34 AM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
Yes.
Answered on Apr 18th, 2013 at 1:32 AM
Family Law Attorney serving Temecula, CA
at
Landon Rainwater Robinson LLP
Update Your Profile
If you made payments using community assets, i.e., earnings from your job the community may have an interest in the home. If the mortgage payments on the house are made during the marriage using the earnings of either of you, the equity (value) resulting from paying down the house loan is community property. The result is that the equity in the house is commingled and therefore the community has an interest which must be divided.
Answered on Apr 18th, 2013 at 12:08 AM