How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1739
Experience:  Practicing Attorney with 10 years experience
91018665
Type Your Family Law Question Here...
Asad Rahman is online now
A new question is answered every 9 seconds

My boyfriend moved out of s and s ex's house 7 years ago and

Customer Question

My boyfriend moved out of his and his ex's house 7 years ago and gave her payments to cover the mortgage but she shopped the mortgage money away for a year without telling him and the house went into forclosure. He had to borrow $30,000 from his dad to get it out of forclosure and her name was taken off the loan but not the deed when they re did the home loan with a modification. He filed for divorce soon after but could not afford alimony so he held off on finalizing it. Now she retained an attorney trying to get half the house. He has been making mortgage payments since she moved out 6 years ago. Although there was a filing with the courts for divorce, there was no legal separation. An attorney told him regardless his payments over the past 6 years are his and would be credited to him but another attorney said because he filed with no legal separation, the judge may not care. Very stressful. What do you think? Thank you so much.
Submitted: 11 months ago.
Category: Family Law
Expert:  Asad Rahman replied 11 months ago.

A lot does rest with the judge's decision. I would believe he would be entitled to get his money back in any division of the house. Basically, any other assets would be used to perhaps reimburse him for the money and my guess is the judge would order the sale of the house and split any equity 50/50.

Customer: replied 11 months ago.

Have you seen situations similar to this where that happened? You think if he had been legally separated it would have made a difference?

Expert:  Asad Rahman replied 11 months ago.

Yes, this type of situation is fairly common. I do not think filing a legal separation would have changed how the judge would ultimately rule on this. The best way to keep the judge's opinion out of this is for your boyfriend and his ex to mediate an agreement where they cover all of these issues. That way they get closer to what they want rather than what the judge might order.

Customer: replied 11 months ago.

Good to know a legal separation may not matter. I know you cannot say for sure what will happen but have you seen the judge rule in favor of someone in my boyfriend's situation to where the house doesn't have to be sold because the value of the house and what is owed on it, in addition to what he has made in payments for 6 years? House is worth $600,000 but he owes over $400,000 on it. His mortgage payment is $2700 so multiply that times 6 years and that is the amount he has paid.

Expert:  Asad Rahman replied 11 months ago.

I practice in Texas so of course there are some differences. Occasionally, a judge may rule based on the mortgage payments. More often than not, they split it 50/50 and do order some reimbursement for the party that has paid the mortgage.

Customer: replied 11 months ago.

Oh no. I thank you for your time but i was looking for a CA family law attorney. This is my preference with all my questions and so far all attorneys answering me are CA attorneys.

Customer: replied 11 months ago.

And can you please make sure I'm not billed for asking you and only the a CA attorney? I can still give you a great rating if that's possible at no charge.

Related Family Law Questions