Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My husband and I separated in April. He left the house and I…

Hi. My husband and...

Hi. My husband and I separated in April. He left the house and I am staying in the house with my son. He said to me for now I will still pay half of the expenses. Then after about 3 months said he will no longer pay for the mortgage and any expenses. The plan is that I keep this house and he will keep 2 other houses we have (one is our vacation house and other is a rental house) and he wants to be compensated for the difference in the value that will be left.

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

Now my questions are:

Lawyer's Assistant: Has anything been filed or reported?

1- I didn't tell him to leave, he left. so who is responsible for the expenses?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes

Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
9/24/2017
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,624
Experience: 30 years in civil, probate, real estate, elder law
Verified

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.

Ask Your Own Legal Question

What state are you in here are both of your names on the house note?

Ask Your Own Legal Question
Customer reply replied 8 months ago
CA. yes
Customer reply replied 8 months ago
he is saying that since he moved out/not living in the house and I am planning on keeping the house, he has no obligation to pay for the mortgage or any expenses. Is that true?
Also he is saying that if he wanted to he could ask for half of rent of what the house would have rented for. Is that true?
Also the house is 16 years old and has never been remodeled and has a few issues like air conditioning not working, grass is dead, carpet hasn't been changed for a long time..., so isn't he responsible for that?
Customer reply replied 8 months ago
He says that's all maintenance for the house and that is my responsibility

So here you need to file for divorce.You are going to need a lawyer here.If the loan goes into default they will come after both of you here.You are entitled to seek a fair division of property and spousal support to help you pay here.

You can find lawyer here Monday, you need to get this on file and support and other issues ordered.

Contact the State Bar for Help

All of this is on the table in a divorce if you cannot resolve it fairly the court divides it all or orders it all sold and split equally here under California community property law.

Ask Your Own Legal Question

There is a strong presumption under California law that assets and debts a couple accumulates during marriage are community property. Property one spouse owned alone before the marriage, or acquired by gift or inheritance during the marriage, is that spouse’s separate property. Separate property also generally includes items purchased with or exchanged for separate property, earnings on separate property, and any increase in value of separate property, as long as the property owner can prove the claim with financial records or other documents.

California law also provides that property spouses acquire before divorce but after the date of separation is separate property. The date of separation is not necessarily the date one spouse moves out of the marital home. Instead, it is the date that one spouse decides to end the marriage, and it requires some act of physical separation combined with other actions clearly demonstrating that the spouse has decided to end the marriage.

The date of separation can become a big issue if just before the divorce one spouse either earned an unusual amount of money—got a large bonus at work or won the lottery, for example—or spent a significant amount of money. If the couple can’t agree on a date, a court will decide after considering all of the evidence. Courts usually lean toward later rather than earlier dates when evidence conflicts, so that more property is included as community property, rather than less.

A couple can agree either before or during marriage to change an asset that was originally separate property into community property, or vice versa. Such agreements must be in writing and must clearly state the intentions of the parties; simply changing the title of the property is not enough.

Ask Your Own Legal Question

Spouses can divide assets by assigning certain items to each spouse, by allowing one spouse to “buy out” the other’s share of an asset, or by selling assets and dividing the proceeds. They can also agree to hold property together even after the divorce. Although continuing to hold property together isn’t a very attractive option for most people, since it requires a continued financial relationship, some couples agree to keep a family home until children are out of school. Others may keep investment property, hoping that it will increase in value.

The couple must also assign all debts accrued during the marriage, including mortgages, car loans, and credit card debts, to one of the spouses. Couples dividing debts should be aware that their separation agreement or divorce order is not binding on creditors, who may continue trying to collect a community debt from either spouse. If a debt is assigned to one spouse, the other can ask the court to put a lien on that spouse’s separate property as security for payment of the debt.

Ask Your Own Legal Question

California state law dictates that permanent spousal support is determined by carefully reviewing numerous factors. The court has tremendous discretion in setting alimony. If you are unable to settle or resolve this issue, then your attorney needs to develop detailed evidence about each factor set forth below.

The Amount of Spousal Support Expected in a California Divorce

The controlling statute that the court must consider in establishing permanent spousal support states the following:

4320. In ordering spousal support under this part, the court shall consider all of the following circumstances:

(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:

(1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.

(2) The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.

(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.

(c) The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.

(d) The needs of each party based on the standard of living established during the marriage.

(e) The obligations and assets, including the separate property, of each party.

(f) The duration of the marriage.

(g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.

(h) The age and health of the parties

(i) Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.

(j) The immediate and specific tax consequences to each party.

(k) The balance of the hardships to each party.

(l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

(m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4325.

(n) Any other factors the court determines are just and equitable.

“The duration of spousal support is left to the discretion of the court within certain general equitable principals and guidelines.”

You may well get spousal support here to help you with income.

Ask Your Own Legal Question

Thanks and thanks for rating 5 stars.Good luck with the divorce.

Ask Your Own Legal Question
Customer reply replied 8 months ago
We are in mediation
Customer reply replied 8 months ago
We are not requesting alimony from each other

You can hold out for what you want and then if necessary a lawyer and the court resolves these issues.Maybe you should not agree to waive alimony it should be on table .

Ask Your Own Legal Question
Customer reply replied 8 months ago
we are spiliting expenses for our son. Those are not issues
Customer reply replied 8 months ago
can you please answer my questions I posted
Customer reply replied 8 months ago
Are you still here?

I am sory you gave me a negative rating.There is a slight delay before I get your reply.

Ask Your Own Legal Question

so he is saying that since he moved out/not living in the house and I am planning on keeping the house, he has no obligation to pay for the mortgage or any expenses. Is that true?

Not true both of you are liable for the house note.

Also he is saying that if he wanted to he could ask for half of rent of what the house would have rented for. Is that true?

True but you could ask for rent on his two here two.All of this is on the table for resolution.

Also the house is 16 years old and has never been remodeled and has a few issues like air conditioning not working, grass is dead, carpet hasn't been changed for a long time..., so isn't he responsible for that?

This should lower value of house and both are currently liable for maintenance and repair.

Ask Your Own Legal Question

Sorry it took me a minute to answer multiple questions, Let me know if you have more.

Thanks for rerating when we are done.

Ask Your Own Legal Question
Customer reply replied 8 months ago
thanks for the reply. So in terms of me asking for the rent on other house, I was told that since he is not living in there, I can not ask for rent. Is that true?
Customer reply replied 8 months ago
are you still here?

I think you got bad information you have right to share of rent here, its community property and income.

Ask Your Own Legal Question

You are able to seek your share of income here from the rental proeprty it is community proeprty and income.

Ask Your Own Legal Question
Customer reply replied 8 months ago
even though neither one of us are living there and we only used the house a few times a year ourselves and never rented it, I can still ask for the rent?
Customer reply replied 8 months ago
Sorry, just wanted to make sure

Yes its all community its all on the table.He seems to want to selectively divide all of this and ignore your rights as well.

Ask Your Own Legal Question
Customer reply replied 8 months ago
that's how I feel. But the mediator/attorney told me this. So I am confused

Usually when the other spouse tells you to mediate they are trying to screw you in property settlement.And you may need to bring up alimony especially if he makes more than you .California is very liberal.You may need your own lawyer here to fight for your rights.You may have bad mediator.

Ask Your Own Legal Question

Consider your own lawyer if this doesn't move along with mediator

Contact the State Bar for Help

  • *****@******.***
  • In California:(###) ###-####/li>
Ask Your Own Legal Question
Customer reply replied 8 months ago
Also for that house that we are talking about that is vacation home, he did an appraisal and it came back at $600,000 which makes no sense to me because we bought the house for 841K in 2011 and since then the market has gone up, not down. It looks like the comps he got was maybe not really comparable to our house and I don't want to go by that appraisal
Customer reply replied 8 months ago
no, I actually make more that him somewhat

So here you need your own appraisals that seems way low makes me question it too.

Ask Your Own Legal Question
Customer reply replied 8 months ago
yeah, the area is very remote and apparently there are only 3 people that do appraisals there. So there is not a lot of these houses being in the market.

But I am like you nothing went down like this, you may have to keep fighting here to get your fair share.I wish you the best here.

Thanks for your patience.

Ask Your Own Legal Question
Customer reply replied 8 months ago
I have more questions and concern, but I have to go now. Can I still come back tomorrow and continue with this?

Yes if you rerate here it stays open and you can post back tomorrow.Thanks.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,624
Experience: 30 years in civil, probate, real estate, elder law
Verified
Ray and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
if so, do I need to pay again?

No you do not only one rating be happy to respond tomorrow.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,624
47,624 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
My wife is trying to acuse me of domestic violence to
my wife is trying to acuse me of domestic violence to qualify for a u visa, ever since I told her I wanted a divorce. I am a citizen of th usa … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My car was stolen and wrecked during a domestic violence
My car was stolen and wrecked during a domestic violence situation owned by me but insured through my ex now insurance company won't pay to fix it … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I'm looking into domestic violence victim's rights in the
I'm looking into domestic violence victim's rights in the state of Missouri. Specifically related to prevention of eviction from home due to being party to a domestic assault. Rights to change locks, … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,395 satisfied customers
I have a title loan and the initial loan was for $3,000 and
I have a title loan and the initial loan was for $3,000 and I couldn't pay it so now they are wanting $14,000 They repossessed the car but the car isn't even worth that can they take me to court for t… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
144 satisfied customers
My husband was arrested on domestic violence charges, I was
My husband was arrested on domestic violence charges, I was an aggressor too but he didn't press charges against me, how can we get charges drop? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
939 satisfied customers
It's regarding domestic violence. The police is holding my
It's regarding domestic violence. The police is holding my brother for 72 hours. I asked about bond, but they said it's a mandatory 72 hours. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
Im an currently involved in a domestic violence situation
Im an currently involved in a domestic violence situation and i m having problems with the school giving out my address along with the attorney of the girls giving it out also. Me and the principle ar… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,530 satisfied customers
Is it legal for the courts to take a domestic violence case
Is it legal for the courts to take a domestic violence case and attach it to a driving on suspended case when they have nothing to do with each other … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have been served with a domestic violence restraining
I have been served with a domestic violence restraining order by my son for attending a public soccer game of my GD and a dance recital of another GD. And also for calling dance studio to order flower… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
I want to prserve the evidence of domestic violence and I am
Hi I want to prserve the evidence of domestic violence and I am away from USA. Is it okay legally if I ask my friends to get my styff including the soft file of domestic violence while my hubby is not… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,896 satisfied customers
Domestic violence case is on the 11th that divorce case is
Domestic violence case is on the 11th that divorce case is on the 14th to mediation is on the 7th I have this question according to one of my mini therapist but she's supposed to help you get Rhode Is… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
I was falsely arrested! Accused of domestic violence and
I was falsely arrested! Accused of domestic violence and strangulation! They got a warrant 4 days after the accusations! I lost my job and was not allowed at my apartment where I'm the only person on … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was arrested for domestic violence and my ex called the
I was arrested for domestic violence and my ex called the ada to drop the charges. The ada keeps making me plea deals but has not told my lawyer that my ex has called to drop the charges. Is that even… read more
Bill Attorney
Bill Attorney
law
2,429 satisfied customers
I have an arrest warrant for a domestic violence issues on
I have an arrest warrant for a domestic violence issues on 9/22/2014 that I just found out about through a background check from my potential ! employer never been called or mailed about appearing to … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My husband is going to court for a domestic violence case on
Hi, my husband is going to court for a domestic violence case on April 11th and I was trying to seek legal advice to see if I should go or what should be done in these cases? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
My girlfriend committed domestic violence against me and
My girlfriend committed domestic violence against me and when I told her if she continued I would call the police she extorted me by saying she would make false accusations of domestic violence agains… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,530 satisfied customers
I have a question about a misdemeanor domestic violence
I have a question about a misdemeanor domestic violence case … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
534 satisfied customers
Will the application and decree of a domestic violence
Will the application and decree of a domestic violence divorce bring criminal charges against the aggressor? … read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x