Divorcing wife and father in law, now figthing for property!?

Question

I am going trhough divorce in California and i need to know how to divide property between spouse & her father. Me and her father paid for mortgage, but her father gave money for down payment. I think is fair we divide the house in fourths, my father in law takes half of equity (because down payment) and my ex and i each get half of the other half. They are both telling me that that is unfair, and I should get less money. I hired a lawyer and now they want to take me to court. They are keeping the house, I moved out. No kids. What is your advice? what's my solution unfair and why? Please help! Thank you!

Thanks for the answers! I am in the title Daniel!

Answer 1

All property acquired during marriage is community property. All property acquired prior to marriage is separate property.

If you are on title to the house you will get a community interest, however you do not indicate how title is held. I will assume you are not on title.

If you are not, then you are entitled to a reimbursment interest in the house. This is a technical reimbursement issues called a Moore/Marsden analysis based upon the Marriage of Moore Case and the Marriage of Marsden Case.

If you are not on title and you paid towards the mortgage then you community property income went towards a separate property asset (the house). You are not entitled to a dollar for dollar reimbursement however you are entitled to a percentage as indicated by Moore/Marsden.

You attorney should know how to figure you interest out. If you are all on the deed then you each get 1/3 after father-in-law gets his downpayment back. Father-in-law may have to join in the divorce to recoup his down payment.

Look at 2640, 2650, of the California Family Code.


**** IF YOU ARE ON TITLE ALONG WITH THE OTHER TWO; YOUR INTEREST IN THE PROPERTY IS 1/3 OF ANY EQUITABLE VALUE.

Answer 2

You need an attorney and a judge to figure this out, but basically I agree with you if you take it in steps. First, you and the father in law each have half of the value of the house - perhaps less his down payment - then out of the money you receive you pay her half of that. If they want to keep the house, you get the same amount of money but you may be able to put pressure on them by demanding that the house be sold and the money split between the parties.

Answer 3

Makes no difference who pays the mortgage or who paid the down payment. The bottom line is if the deed is in you and your soon to be ex wife's name then it's a 50/50 split.

Her father gave a deposit for this home as gift for his daughter. Many parents have done this for there child so
they do not have to pay rent they can own. Find it terrible that
he is looking for a profit. As this would not be an issue if you were not getting a divorce

Answer 4

I don't see what's the big deal here. I believe you father in law wanted the best of her daughter and acted on behave of her daughter for the morgage downpayment. Going through bush the fact remains the same, your wife and her dad would share half of the property while you keep the half. If you sell the house, you get the half of it and your wife and her dad get they other half. I will advise to consult an attorney and know your legal rights or go online at www.divorce.com and click on your state and all they informations are available online.

Answer 5

no, your solution what not unfair. you've been paying for half of the mortgage, so you're entitled to half of the house. that's my opinion though, i don't know if that can legally be done. good luck.

Answer 6

The only sane advise anyone can give is hire a good attorney to clean up this mess.

Good luck.

Answer 7

Ask your attorney how soon is the court date? Walk in and battle it out.