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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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My husband and I are in the process of getting a divorce which

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My husband and I are in the process of getting a divorce which will be final on July 27th. We have a vacation cabin that we are selling and splitting in the settlement. If he uses the cabin before it sells, does he owe me any rent? I don't want to use the cabin myself.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted. A few minutes please as I look into this.
Expert:  LegalGems replied 1 year ago.
Thanks for your patience. I reviewed case law and will have an answer shortly- I am typing it now.
Expert:  LegalGems replied 1 year ago.
So under the Epstein case, the court will award what is called Epstein credits to one spouse if that spouse is using their separate property to pay for a community obligation - so for example, if one spouse assumes the mortgage responsibility, they will be credited under the Epstein analysis.
However, if one party has exclusive use of community property post separation, that party can be charges Watts credits (based on the case). That party will be charged the reasonable value of the use of the property-typically fair rental value.
So if the community is paying the mortgage (if any) of the property, and one party has exclusive use, the party with exclusive use will be charged for that value, and that will be offset during the property division.
Marriage of Sun is a 2012 case that does a great job explaining this. I can't link you because I'm on a subscription research portal, but you can google the 3 cases: Watts, Epstein, and Sun- all California cases.
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Expert:  LegalGems replied 1 year ago.
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