Trying to keep my house

[conniepa]

What is the name of your state? California

The title of my home is in my name & my mom's as well as the mortgage. Husband had poor credit. He moved 2 weeks ago & left behind bills which I have paid through financial assistance with my mom. Am renovating two bedrooms to rent out & seeking employment also to keep my head above water.

My question is: Since the title is in my name as married, sole & separate property, is my husband still entitled to the equity. Will I have to sell my house? Would like to keep it, I have older teenage children. He is 2nd husband, not father of my children. When my mom & I went to title company, they had him sign forms & advised him he will be giving up rights. I believe it was a quit claim deed.

After attempting to contact him these past two weeks, through phone calls & email he has not responded. My mom loaned me money to pay for mortgage, utiltiy bills. Also I paid family cell phone which was going to be turned off. I was told by Verizon there is $175 deactivation fee for each phone. I am not as concerned about getting financial assistance from him at this point, but more concerned about having to sell my house.

Because he has chosen not to respond to me, I am thinking about filing contested divorce. If still no response, then an uncontested divorce. Thanks for any advise.

[pojo2]

If he signed the quit claim without conditions then he has no interest in the property.

Am renovating two bedrooms to rent out

Make sure this is okay with your zoning requirements.

Why do you need to sell the home unless it is really out of your price range now as a single person? How long can Mom keep footing the bills?

[kthor]

if you cant afford the property bills sell now before it's too late.
I've seen to many divorcee and other people go thru this denial stage only to lose everything to the banks. many times it's better to let pride go and admit you can't afford the home anylonger!

[JETX]

Originally Posted by conniepa

Since the title is in my name as married, sole & separate property, is my husband still entitled to the equity.

Of course he is entitled to the half of the equity from the date of the marriage.

Will I have to sell my house?

Depends entirely on what the court orders.

[pojo2]

Of course he is entitled to the half of the equity from the date of the marriage.

How so?

[JETX]

Originally Posted by pojo2

Of course he is entitled to the half of the equity from the date of the marriage.

How so?

How not so??

Example, wife owned a house prior to marriage worth $200,000 and owed $150,000 at the time of marriage. Therefore, she owned equity and a separate property interest of $50,000. During her marriage to Husband, the couple paid down the debt by $50,000, thereby creating a community property interest in the property equal to $50,000. Assuming no increase in the real estate market during the marriage, Wife owns a separate property interest in the home equal to $50,000 and the couple owns a community property interest in the home equal to $50,000, assuming that they had no other agreement regarding the ownership rights to the house. If the real estate market resulted in an increased value of the property overall, then in the absence of an agreement between Wife and Husband, the court would have to determine what portion of the increased equity belongs to Wife and what portion belongs to the "couple" based upon evidence as to how and when the market prices affected the rights of the parties given the particular facts of the case..