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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37775
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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California- In court on friday the Judge said there is a new

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California- In court on friday the Judge said there is a new law that if one spouse stays in the the property and is giving the mortgage payment, they would be given credit for it , that spouse has to pay the other spouse rents? When did this law come in and what code is it?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good morning Gracie,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades and I handle family law issues. Actually, this is far from being a new law. In fact this law---or more precisely a rule--- has been in place in CA since 1979. It is known as the Epstein Credit rule and it derives from the case of the Marriage of Epstein (1979) 24 Cal.3d 76, 84-85. The law holds that as a general rule, courts must reimburse one spouse by crediting them on the community property 'balance sheet' for their contribution of post-separation earnings, or other separate funds (loans from parents or inheritances), made after separation to pay pre-existing community obligations----such as a mortgage or other marital debt obligation. On the other side of the coin, the spouse who lives in the home must give credit to the spouse not living there after separation the value of 50% of the fair market rental value of the home during the time of separation. In reality, if the mortgage and the rental value are about the same, then there is essentially a wash---so long as the person living in the home has been paying the mortgage. On the other hand, if the person who moved out is also paying the mortgage, then they will get credit for both half of the mortgage paid as well as half of the fair market rental value of the home during separation.Here are 2 good articles on the subject for your review: You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug

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