Community Property

[jtcala]

What is the name of your state? CA

My husband and I have been separated since late '02 and are just now making steps to finally divorce. Since then I have been living and also making all mortgage payments and upkeep/upgrade costs in the home that we bought in '99. When we originally bought the home I contributed 35,000 from my trust fund and he contributed 5,000. Since 2002 the value of the home has increased significantly.

Here's my question:
Since he moved out and last contributed to the home 2002, how do the courts usually decide on this? As it wouldn't seem fair to simply split 50/50.

 

[LdiJ]

What is the name of your state? CA

My husband and I have been separated since late '02 and are just now making steps to finally divorce. Since then I have been living and also making all mortgage payments and upkeep/upgrade costs in the home that we bought in '99. When we originally bought the home I contributed 35,000 from my trust fund and he contributed 5,000. Since 2002 the value of the home has increased significantly.

Here's my question:
Since he moved out and last contributed to the home 2002, how do the courts usually decide on this? As it wouldn't seem fair to simply split 50/50.

You can certainly negotiate with your ex for a smaller percentage based on the fact that he has not contributed to the home since 2002. You can also present arguments to the judge for the same. Whether or not you will prevail is impossible to predict.