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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38879
Experience:  Retired (mostly)
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I utilized home refinance loan funds to upkeep the community

Customer Question

I utilized home refinance loan funds to upkeep the community property, which includes and not limited to:1. House mortgage
2. Home owners association
3. Home repairs
4. Auto lease payments
etc.The opposing council is stating that her client left the home in April 2016 and any payments made after that are not her client's responsibility. I believe she (my "ex-wife") abandoned both the community residence and her financial responsibility to the community property. All the financial burden fell on me to upkeep the payments. How can I respond back the opposing council that payments made are legitimate to upkeep the community property that belongs to both of us?
Submitted: 9 months ago.
Category: Family Law
Expert:  socrateaser replied 9 months ago.

Hello,

California law recognizes two doctrines related to the use of community property after legal separation and before judgment of divorce:

Watts Charges. These are payments by a spouse for the fair market value of community property that the other spouse is not using.

Epstein credits. These are payments made to cover a spouse's fair value obligation owed for the maintenance of community property.

A court will not generally impose Watts charges prior to the date that the other party provides written notice that he/she intends to seek these charges from the court. Consequently, your response is that while your spouse may have a claim going forward, she has no claim from April until the present date. Whereas, your spouse owes Epstein credits to reimburse you for the upkeep of the community property.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 9 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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