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I have a question about Family Law. Ca. Several months ago…

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Several months ago

Submitted: 9 months ago.Category: Family Law
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Answered in 5 minutes by:
11/28/2017
Family Lawyer: RayAnswers, Lawyer replied 9 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 49,617
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 9 months ago

What questions do you have here?Thanks

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Customer reply replied 9 months ago
I reside in CA. I'm in the process of divorce with my wife. We bought a home together 4 months before marriage. We used her name for the mortgage, however I was added on title immediately. The process of paying my portion of the down payment was through a "gift letter", which was actually never intended to be a gift. Now, she is offering me a weak settlement. I would prefer to settle but if the courts will consider this a gift, than I may have to settle. I have an email from her to the mortgage company claiming that I am an equity partner in the house. Should I go fight this or is there a good chance I will lose that argument?
Family Lawyer: RayAnswers, Lawyer replied 9 months ago

I wouldn't settle for less than half.Presumption here in California is this property and debt is jointly owned 50-50%. So at worst court orders it sold and you split any profit.You are on the title.Don't let her low ball you.

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Customer reply replied 9 months ago
Does the fact that the down payment was a "gift" from my former employer protect my down payment that that was a gift to me, therefore she isn't entitled to my gifts?Also, if she were to buy me out and got a appraisal, can I contest the appraisal and order another one?
Family Lawyer: RayAnswers, Lawyer replied 9 months ago

You can argue it was a gift here.You can also ask for second appraisal, you might want to go on and do that anyway to make sure you are getting a fair split.

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