QUESTION

Is there a law on non-married division of real estate?

Asked on Nov 19th, 2013 on Divorce - California
More details to this question:
NOTE: This is a real estate question. I'm in CA. Joint tenants with a non-married ex. He has lived in and paid the mortgage for house for 18 months. We want to sell and he is now asking me to pay 1/2 of the mortgage for the time he lived in it. I have an informal agreement in writing that he will be responsible for the house payments. This was never brought up at the outset and I was going to live there, but he begged me to live in it and pay. Now this. Any CA laws in his favor on this point?
Report Abuse

5 ANSWERS

Normally he would not get any reimbursement from you since he is getting the use of the house. But I cannot say that would definitely occur.
Answered on Dec 03rd, 2013 at 5:12 AM

Report Abuse
He would be entitled to contribution from his co-owner only if the amount of the mortgage was greater than the fair rental value of the property.
Answered on Nov 20th, 2013 at 9:28 PM

Report Abuse
Family Law Attorney serving Walnut Creek, CA at Law Office of Jon Rathjen
Update Your Profile
There is indeed California law on the rights and obligations of co-owners of real property that apply to your fact situation. It has been too many years since I practiced real property law to answer you definitively but they are similar to how such situations are treated in dissolution cases (both are founded on equitable principles) but also different because of the unique aspects of the marital relationship and community property law. I would suggest a good real estate counsel, but if you want to look for yourself find a law library and look up the law on partition of co-owned real property.
Answered on Nov 20th, 2013 at 9:28 PM

Report Abuse
You are joint tenants so jointly responsible other than from a contract point of view. Your argument is that he had the benefit of living there and did not pay you half of the rental value so you should not have to pay half of the mortgage. Also change it to tenants in common so you can will your share to whoever you want. With joint tenants if either of you dies, the other gets the whole property.
Answered on Nov 20th, 2013 at 9:28 PM

Report Abuse
Family Attorney serving Sacramento, CA at Peyton & Associates
Update Your Profile
To avoid litigation you should pay him one-half of the mortgage payments for that period of time. If he took any of the interest as a tax deduction during that period of time, he should only get one-half of the principal portion of the mortgage payments.
Answered on Nov 20th, 2013 at 9:27 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters