There are some facts missing. I assume you are speaking as to your ex-husband. How did he get the interest in your mother's property. If it was from your mother transferring the interest to you and you then treated that interest as being community property so he was entitled to half, you may be overly generous to him. A gift or sale of the property by your mother to you specifically and not the two of you, whether you were married at the time or not, is your private property and is not community property unless you commingled it with your community property. If it is community property, if you used non-community assets to take care of it pay taxes, make improvements] you would first be entitled to be refunded for that. The date you determine the value of the property is the date you agreed to with him. If you did not agree to any date and the only agreement was that when you had the funds you would buy him out, I guess the date of valuation would be the date you actually offer him the funds that are his [which has not yet happened]. The sale price of the home back in 2013 would not be the date of the valuation nor the determination of its value. At the time of the sale, the value would have been what the house sold for less any mortgages, costs involved in paying off the mortgage, costs of selling the house, and taxes that had to be paid. If the two of you were in a different tax bracket so the taxes you owed were different, that would add another complication. So there is not a simple answer to your question.
Answered on Apr 30th, 2015 at 3:12 PM