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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35296
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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The date of separation on my divorce was in 2009. At that

Customer Question

The date of separation on my divorce was in 2009. At that time my ex-spouse and I were entitled to an equal 50% share of our single family home. Since that time I made the full mortgage payment and my ex paid zero. We would like to divide the property now. Is she entitled to 50% share at today's market value or just the value at 2009? If at today's value, am I entitled to some adjustment for carrying her half of the mortgage these past 6 years?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here.

Given the real complexity of establishing each of your shares of the value of the home, I would strongly suggest that a phone call is most appropriate in this situation.

In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you still just separated, or are you now divorced? If divorced now, when?

2. Who has resided in the home since separation?

3. Do you have a marital settlement agreement, or are you preparing one now?

Thanks in advance,

Doug

Customer: replied 1 year ago.
1. Our divorce was final in 2012.
2. We have both been living in the house since 2009. I moved out for 10 months in 2010-2011 and she moved out two months ago.
3. we have no marital settlement agreement and are preparing one now.Thanks
Expert:  LawTalk replied 1 year ago.

Given the real complexity of establishing each of your shares of the value of the home, I would strongly suggest that a phone call is most appropriate in this situation.

Expert:  LawTalk replied 1 year ago.

Your divorce was bifurcated?

Do you understand Epstein credits and Watts charges?

What is the fair market rental value of the house over the past 6 years?

How much is the mortgage?

Customer: replied 1 year ago.
the divorce was bifurcated.
I know a bit about Epstein and Watts but I thought they are difficult to apply retroactively. We're had no agreement on the division on property at any point since 2009.
The mortgage is $1700. The average rental value is around $1700-2000
Expert:  LawTalk replied 1 year ago.

Good afternoon,

As you are providing more and more facts, I am seeing that this situation is fast becoming uber-complex---made so by the moves in and move outs, the application of Epstien-Watts which is not retroactive if you are only now handling the division of marital property, and other issues I anticipate as I learn new facts.

I am looking at well over an hour of typing to fully flesh out out what I need to get to you. I cannot do that at this time. If you are not interested in a phone call, I will opt out and allow another professional to jump in if they care to.

Please let me know.

Doug

Customer: replied 1 year ago.
I was looking to see if there is a clear cut answer and I'm getting that there is more complexity to this. It is probably best if I work with a local attorney on the matter.
Thanks for your time.
Expert:  LawTalk replied 1 year ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

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