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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42867
Experience:  30 years in civil, probate, real estate, elder law
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My husband and I separated in April. He left the house and I

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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.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Now my questions are:
JA: Has anything been filed or reported?
Customer: 1- I didn't tell him to leave, he left. so who is responsible for the expenses?
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes

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.

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

Customer: replied 27 days ago.
CA. yes
Customer: replied 27 days 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: replied 27 days 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.

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.

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.

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.

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

Customer: replied 27 days ago.
We are in mediation
Customer: replied 27 days 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 .

Customer: replied 27 days ago.
we are spiliting expenses for our son. Those are not issues
Customer: replied 27 days ago.
can you please answer my questions I posted
Customer: replied 27 days ago.
Are you still here?

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

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.

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

Thanks for rerating when we are done.

Customer: replied 27 days 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: replied 27 days ago.
are you still here?

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

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

Customer: replied 27 days 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: replied 27 days 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.

Customer: replied 27 days 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.

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

Contact the State Bar for Help

  • *****@******.***
  • In California:(###) ###-####/li>
Customer: replied 27 days 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: replied 27 days 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.

Customer: replied 27 days 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.

Customer: replied 27 days 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 and 3 other Legal Specialists are ready to help you
Customer: replied 27 days ago.
if so, do I need to pay again?

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