Q: California - If my husband keeps the house in the divorce, what am I required to pay?

A: The parties should seek to avoid community waste, and it may benefit you to help pay half the cost for purposes of later sale or buy-out. [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.]

A: If your husband wants to keep the house and buy you out, you're generally not responsible for repairs or improvements he chooses to make after the separation, especially if these weren't planned during your marriage. The key factor here is that you both initially agreed to sell the house as-is, and he unilaterally changed those plans.

When one spouse keeps the marital home, they typically take on full responsibility for its maintenance and any future repairs. This retaining wall issue, while possibly stemming from damage during the marriage, would become his sole responsibility once he decided to keep the property instead of selling it as agreed. Your financial obligation would typically end with the buyout agreement, which should be based on the home's current market value minus any existing mortgage.

You might want to consider consulting with your local courthouse's family law facilitator or seeking free legal aid resources in your area for specific guidance. Many communities offer low-cost or free legal consultations that could help you understand your rights in this situation. Remember to get any property division agreements in writing and have them included in your final divorce settlement to protect yourself from future claims.