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I have questions about divorce. California

Customer Question
I have questions about...

I have questions about divorce

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 9 months ago.Category: Family Law
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Answered in 1 minute by:
9/13/2017
Family Lawyer: ScottyMacEsq, Lawyer replied 9 months ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

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Customer reply replied 9 months ago
Divorce
Family Lawyer: ScottyMacEsq, Lawyer replied 9 months 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?

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Customer reply replied 9 months ago
Getting divorce had questions about what happens with the house we bought together what happens with that and other things
Customer reply replied 9 months 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?
Family Lawyer: ScottyMacEsq, Lawyer replied 9 months 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.

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Customer reply replied 9 months ago
ok could we do this over The phone?
Family Lawyer: ScottyMacEsq, Lawyer replied 9 months 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.

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Family Lawyer: Maverick, Lawyer replied 9 months ago
Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6,428
Experience: 20 years of professional experience
Verified

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

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Customer reply replied 9 months ago
Ok thank you
Family Lawyer: Maverick, Lawyer replied 9 months 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...

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Customer reply replied 9 months ago
Could I get a phone call?
Family Lawyer: Maverick, Lawyer replied 9 months 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....

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Family Lawyer: Maverick, Lawyer replied 9 months 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....

Ask Your Own Family Law Question
Customer reply replied 9 months ago
Ok let me
Tell them thank you maverick
Customer reply replied 9 months 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 reply replied 9 months ago
Ok it was my credit card company put a stop to it I accepted we could do a phone call now
Family Lawyer: Maverick, Lawyer replied 9 months 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....

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Family Lawyer: Maverick, Lawyer replied 9 months ago

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

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Customer reply replied 9 months ago
Ok should I keep paying the mortage or
Should I let them? Or would that hurt me?
Customer reply replied 9 months ago
What's the law about that
Family Lawyer: Maverick, Lawyer replied 9 months ago

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

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Family Lawyer: Maverick, Lawyer replied 9 months 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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(1) This information is for educational purposes only and it may not reflect current legal developments for your specific jurisdiction. It is not guaranteed to be correct or complete and you should not act or fail to act based on this information alone. This and all other Just Answer disclaimers also apply to any telephone communications we may have.

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Family Lawyer: Maverick, Lawyer replied 9 months ago

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

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