Q: What happens to the equity of a house if a divorced couple never sold and over 10 years have passed since judgement.
A husband and wife got divorced and the default judgement stated to sell the house when the youngest child was to turn 18. However, even as divorcees, they ended up living together for over 10 years. The wife was supposed to stay and maintain the house while the husband was to move out and pay spousal and child support. However, the husband ended up staying and paid for the house for over 10 years with the wife and kids still living in it. The title is under his name, and there is also a quit claim that the wife signed early in the marriage likely for tax purposes or refinancing. The wife believes she is entitled to half of the equity based on the community property laws in California, is she correct? How long is the default divorce judgement enforceable?
A: Unfortunately, California does not allow common law marriages. Therefore, the wife would not be entitled to a remedy under California family law. However, the wife likely has an equitable interest in the home due to her contributions. It may be possible to establish a constructive trust or a remedy for quantum merit based upon the wife's contributions.
A: This is what you call a complete mess [nothing personal]. There are several areas of law implicated here. Speak with attorneys in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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