Q: i own my house with my mother. as joint tennants. I got married and divorced after 4 years. Does the moore marsden app
apply to our situation?
A: There are factors to consider before the question can be answered. Did you and your wife pay-down the mortgage during your marriage? If so, there will be a approportionment of your community property vs. separate property interest in the equity. However, if your mother paid the mortgage payments and you and your wife did not pay them, then there would be nothing on which to base a apportionment. Did you and your wife invest time and money making substantial and material improvements or alterations in the property? If so, then that may also trigger an apportionment of the equity. Any pay-down of the mortgage by you and your wife for only a 4 year period would not seem to be a substantial amount in any case and so any community property interest would most likely be very small.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
