San Diego, CA asked in Divorce for California

Q: In a divorce how is the equity divided? One lived in the house for 40 years. The other for 10 years?

Gone to first hearing. Fired attorney. Second hearing coming up.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: One of the difficulties of being a family law attorney is that emotions are high and if you tell your client something they don't want to hear, they fire you. This does not change the facts or the law. You need to retain another attorney and discuss your specifics with them. IMO the equity that was built up during the co-occupancy would be divided. The bad news for you is that the amount of equity built up over the first 30 years could be less than that built up over the last 10 years due to the price of housing differentials over the decades. The house that is $2,000,000 today was only $26,000, forty years ago. Another factor to consider is how much financing was paid during the co-occupancy? These are not easy issues and this is not the first time that they have come up. You could do your own research online or at the Law Library, if it is open. Recommend retaining a new attorney asap.

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