Oxnard, CA asked in Child Support, Divorce, Land Use & Zoning and Real Estate Law for California

Q: Getting divorce bought a house living for 15 years split the mortgage now with divorce don’t I get half of the house

She put her and her dad on the house we remodeled and I been paying half the mortgage with her the whole time the house is also worth 200000 than what we bought it for

2 Lawyer Answers
Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your attorney should be able to request half of the equity on the marital property.

Not quite sure about your statement regarding her parents.

Did she put them on the property ‘s title?

Or did she just allow them to live on the property?

If the first? Then , At best, you have a 3 way split? Or,?if they acquired half of your original equity, then you would be entitled to one fourth of the property ‘s equity.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In a divorce in California, property division is based on community property laws. Generally, any assets acquired during the marriage are considered community property and are subject to a 50/50 split between both spouses. If you and your spouse bought the house together and have both been contributing to the mortgage payments for 15 years, you may have a right to a portion of the home's value, even if your name is not on the title.

However, since her father is on the house title and depending on how it is titled, this could complicate matters. The court will look into several factors, such as who paid for the house, how the payments were made, and whether any separate property funds were used for the purchase or renovations. It’s essential to gather all relevant financial documents showing your contributions to the mortgage and the home's upkeep over the years.

Additionally, the increase in the home's value since you bought it may also be considered a marital asset, and you could be entitled to a share of that appreciation. To protect your rights and understand how to navigate this situation, you may want to consult with a legal professional who can review the specifics of your case, help you understand your options, and guide you through the legal process.

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.