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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6423
Experience:  20 years of professional experience
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I have questions about divorce, California, No, No

Customer Question

I have questions about divorce
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 month ago.

Thank you for using JustAnswer.

What are your questions?

Customer: replied 1 month ago.
Divorce
Expert:  ScottyMacEsq replied 1 month ago.

I see you requested a phone call. This is system generated, and at this point I don't know enough about your situation to know if I can assist you. Can you tell me what your questions are first?

Customer: replied 1 month ago.
Getting divorce had questions about what happens with the house we bought together what happens with that and other things
Customer: replied 1 month ago.
Her mom is on the house she isn't it's just me and her mom and she gifted 60 grand does the mom get half the house and then I have to give her daughter half of my half?
Expert:  ScottyMacEsq replied 1 month ago.

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

Customer: replied 1 month ago.
ok could we do this over The phone?
Expert:  ScottyMacEsq replied 1 month ago.

The offer has expired, but I can opt out and allow another customer to assist you further. Please wait and someone else can assist you.

Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

Customer: replied 1 month ago.
Ok thank you
Expert:  Maverick replied 1 month ago.

California law defines community property as any asset acquired or income earned by a married person while living with a spouse.

Separate property is defined as anything acquired by a spouse before the marriage, during the marriage by gift or inheritance, and after the parties separate.

The law requires that the community estate be divided equally if there is no written agreement requiring a particular division of property. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive half of that net.

MORE TO COME...

Customer: replied 1 month ago.
Could I get a phone call?
Expert:  Maverick replied 1 month ago.

Yes, let me see if I can send you a phone call offer. It should pop up on your screen in a few seconds; if not, I will be back with further instructions....

Expert:  Maverick replied 1 month ago.

I am not able to send you an offer for a phone call for some reason. The best I can do for you is to finish answering your questions via chat....or you can contact JA customer service and ask to have a phone call with expert "Maverick". If you do not ask for me you may get any other expert. I have over 20 years of experience....

Customer: replied 1 month ago.
Ok let me
Tell them thank you maverick
Customer: replied 1 month ago.
If we both had a house and she wasent on it her mom was and gifted us 60 grand for down payment what would happen? And should I keep paying the mortage or let them?
Customer: replied 1 month ago.
Ok it was my credit card company put a stop to it I accepted we could do a phone call now
Expert:  Maverick replied 1 month ago.

Assuming that mom gifted each of 30k for the down payment, then you would each get to keep at least that much of the equity in the house. MORE TO COME ....let me see about redoing the phone call offer....

Expert:  Maverick replied 1 month ago.

I still cannot submit from my end.....you will need to have JA customer service assist you from your end....

Customer: replied 1 month ago.
Ok should I keep paying the mortage or
Should I let them? Or would that hurt me?
Customer: replied 1 month ago.
What's the law about that
Expert:  Maverick replied 1 month ago.

Let me clarify what I was saying earlier. Please allow me time to finish typing a full response....

Expert:  Maverick replied 1 month ago.

At the time of the divorce order, the court will determine what amount of equity is in the home. Let's say that amount is $240,000.00. Since 60K of this equity was gifted, 30K would go to you and another 30 K would go to wife. Now, that leaves 180K which you and mom get 50% each based on the title. So, that leaves 90K for you of which you owe 50% of that to wife as community property.

Whoever is on the loan documents are jointly and severally responsible for paying the mortgage. If anyone stops paying, they will put the equity at risk and cut into their potential divided shares because the court will have to deduct the bank's legal fees and the cost of foreclosure out of the 240K before any of you get it.

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Expert:  Maverick replied 1 month ago.

I am signing off for the evening; but will be happy to assist you with any follow-up in the morning....