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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 1867
Experience:  Practicing Attorney with 10 years experience
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I live in Tracy Ca. My wife and I seperated in Nov. 2011, My

Customer Question

Hi, I live in Tracy Ca. My wife and I seperated in Nov. 2011, My house was $65,000 under water, I'm finally filing for divorce, now she wants half of what my house is worth, which is now $100,000-$150,000. Is she intitled? she has her own residence since Nov. 2011, no sex for 3 years prior to seperation, both of us starting dating others, never have had dates with each other.Thank you Don
Submitted: 4 months ago.
Category: Legal
Customer: replied 4 months ago.
I bought the house in my name only, with a $77,000 down payment from a house I sold, that I bought in my name previous to my marriage. Also I bought a parcel of land in cash In my name only during our marriage.
Expert:  Asad Rahman replied 4 months ago.

Did you acquire the house while married?

Customer: replied 4 months ago.
I bought with a $77,000 down payment from the sale of my first house I purchased in my name previous to our marriage.
Expert:  Asad Rahman replied 4 months ago.

I see. California is a community property state so any asset you purchase while married is deemed both of yours as part of your marital estate. Typically the courts divide all assets equally not necessarily a house but the split of all assets would need to be equal. She is entitled to 50% equity in the house unfortunately. I do see how you view that as unfair since you have not been truly acting like a married couple.

Customer: replied 4 months ago.
Even tho I've paid the mortgage alone for the past 5 years, without her help? Could I get credit for half the mortgage of the last 60 months, from her 50%?
Expert:  Asad Rahman replied 4 months ago.

You can certainly ask the court. Overall, the court will try to make sure the total of everything you and she gets is 50/50. That is how California judges typically approach these situations.

Customer: replied 4 months ago.
I've also have had my oldest son with me since the since the seperation, and my middle son that we split 50-50 til 3 years ago when he turned 18, and we split my youngest who is 14 now. So I have had the burden of my 2 oldest live with me.
Expert:  Asad Rahman replied 4 months ago.

You could get child support very possibly as well.

Expert:  Asad Rahman replied 4 months ago.

Let me know if you have any questions.

Expert:  Asad Rahman replied 4 months ago.

If you have any additional questions just let me know otherwise a positive rating would be greatly appreciated.

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