My mom & dad own a condo together (under both their names) and my dad is leaving my mom and said he won't help her pay for the mortgage anymore. He said she can do whatever she wants with it, keep or sell. Can he really do this? Are there laws in California saying that he has to pay? What will happen if he doesn't?
2007-10-29 05:13:02 · 11 answers · asked by Carrie Bradshaw 1 in Politics & Government ➔ Law & Ethics
What is most important is that it is not illegal. The issue is what other assets exist, and child support owed if any.
California is a community property state. If the condo is the major asset, and has a fair amount of equity in it, she needs a quit claim deed from hubby. That takes him off the property. If the condo is bust, then she can sell it and leave, or stay and pay, but that leads to the situation that he still owns half and she will be paying for both of them.
She needs to see an attorney, and find out if she will get alimony, or how best to settle the marriage. Lastly, if the condo is a bust, and mom does not work, if she loses the condo, the mortgage holder will come after him and her.
Get her to an attorney, as many of them have free first consultation. Good luck to her.
2007-10-29 05:24:19 · answer #1 · answered by Songbyrd JPA ✡ 7 · 1⤊ 1⤋
Technically, it is legal...what will happen if neither party pays the mortgage or pays it in full is that the mortgage company will foreclose and both your father and mother will be held jointly liable for any shortfall in the repayment if the property is sold at Sheriff's sale than a lesser amount that the mortgage.
Would be best if the condo is put on the market and if your mother isn't currently employed, sue for temporary spousal support.
2007-11-02 03:03:42 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
California is a 50/50 State... normally, IF the husband and wife can't come to an agreement, the courts simply SPLIT the assets.
Your Father CERTAINLY wouldn't be required to continue mortgage payments if he surrenders his half of the condo to your Mother. She can then KEEP the condo and continue to make payments, or put it on the market.
Just FYI, in my divorce in 1992, I volunteered to take all the bills just to expedite the divorce and get her out of my hair.
2007-10-29 05:29:16 · answer #3 · answered by mariner31 7 · 2⤊ 0⤋
California is a community property state. Your mom has to get a legal separation, hence everything will be spelled out. Who gets what, etc. Your dad is libel for child support, as well if you are under age. In addition, it looks like your father abandoned the family and he did the walking out. states don't look kindly on abandonment. Best is to get an attorney, and as in all things, get it in writing.
2007-10-29 05:23:41 · answer #4 · answered by Chipmonk 4 · 0⤊ 2⤋
It sounds like your mom is getting a really good deal. She is getting his share of the equity int he place for free.
BTW - why should he have to pay for a place where he no longer lives?
2007-10-29 07:35:57 · answer #5 · answered by MikeGolf 7 · 1⤊ 0⤋
If they are spliting up everything has to be splitt up, even debts to pay ( Of course there are some exceptions). You should go to the civil court to make all wealth divided
2007-10-29 05:20:56 · answer #6 · answered by whiskyboy 2 · 0⤊ 1⤋
ca is a community property state meaning that all assets and liabilities are equally shared. tell you mom to get a divorce attorney.
2007-10-29 05:31:03 · answer #7 · answered by rebel with a cause 6 · 0⤊ 1⤋
You should let your parents handle this. It will be covered in the divorce decree.
2007-10-29 05:21:04 · answer #8 · answered by mommybaby295 6 · 3⤊ 0⤋
I hate to say it but yes it is legal
2007-10-29 05:20:02 · answer #9 · answered by Anonymous · 2⤊ 1⤋
Yes, it's legal.
2007-10-29 05:18:10 · answer #10 · answered by hexeliebe 6 · 4⤊ 0⤋