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My husband just file for divorce, I am waiting to be served by mail.
Anonymous3 views3 answers
We have agreed that we are trying to divorce peacefully . We had been married for 4 years and we have 2 year boy . He owns a house that now we are living in . There is no much equity in this house , can I still ask for 50 percent of this property ? I am not in the title or on the loan . I have contributed in making half of the mortgage payments and property taxes as well all the upgrades , am I entitled to something ?
You could get 50% of community interest of the equity. There are a lot variables as to how much a community is owed. Generally 50% every asset or debt acquired during marriage is community unless there is an agreement or it comes from separate property.
The value of residential property in this area is valued less than it was four years ago. Had there been an increase in value you would acquire what’s called a pro tanto community interest in the property. If there has not been an increase in the property unfortunately you are saddled with the loss of value that has occurred from the date of your marriage. If you made major improvements to the property that increased the value of the property from your separate property or community funds you could make a request for some reimbursement in regard to those specific issues. Unfortunately you are very limited in what you can recover with your particular factual circumstances
