QUESTION
HOA and a stupid husband I’m divorcing
Asked on Apr 01st, 2020 on General Practice - California
More details to this question:
My husband and I live in a condominium HOA. Due to his continuous and purposely violating HOA rules we are being taken to court and potentially sued. He is a General Contractor and he is having his company do the work. He redesigned windows so they are no longer like the other windows in our condo. He put in 6 skylights without HOA approval. He completely disregards the HOA CCR’s. I am divorcing him and I want to know do I have a legitimate case to sue him and/or his company for putting me in a position where I can be sued? If you have any references you could point to I’d sure appreciate it thanks.
1 ANSWER
California law may be different (it often is) but in the states in which I practice this claim would be taken care of in the divorce. You would claim that your husband's actions constituted a waste of marital assets and that all costs should therefore be charged to him when dividing up the marital estate. Although California is a community property state, I would be surprised if it did not have a similar mechanism for addressing such a claim in a divorce action. Still you should consult a California matrimonial attorney.
Answered on Apr 02nd, 2020 at 9:38 AM