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