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Modification of Spousal Support due to equity?

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ptownguy

Junior Member
What is the name of your state?What is the name of your state? Ca.

If my ex wife, (whom I am paying spousal support to), has just bought real estate together with her present boyfriend, (they are not married) could I show the court that the 1/2 of the equity, on this real estate that she has, could be considered as "sufficient for the party's proper support" and possibly terminate, or reduce the support I pay her? We do have a 21 year old daughter living on her own.
California Family Law Div 9, Pt 3, Chap. 2 Sec.4322
"In an original or modification proceeding, where there are no children, and a party has or acquires a separate estate, including income from employment, sufficient for the party's proper support, no support shall be ordered or continued against the other party."
 


nextwife

Senior Member
And how does having responsibility for paying a mortgage and propety taxes
"a separate estate, ......SUFFICIENT for the party's proper support."

Do you even know that she has any equity, if they've just bought? Many of today's homebuyers have NO equity at all. And even if there is some, whatever may be hers is NOT likely to be suffucient to support a person.

More helpful would be a cohabitation clause in your divorce decree, as she's living with her boyfriend.
 
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ptownguy

Junior Member
No cohabitation clause in MSA, & equity here in SF area

I have checked and I have no cohabitation or, "Shack up" clause, as my attorney called it, in my MSA.
If I understand the meaning of Spousal Support, as written in Ca. law, it is to help the other person become self-sufficent, correct? I think that this can be viewed as a big gray area by the court, right?
Here in the SF Bay Area, housing prices are nuts, you can purchase a house today, and one month later, it will be worth 20-50K more! Hell, my present wife and I can't even afford a house in this area!
I would think this equity could be considered as having some value, or net worth on paper to her, hence; the ex and boyfriend are well, on thier way to financial self-sufficenty....do they really need spousal support in the future? Is this some sort of right, granted by the court for ever, regardless of the supported parties increased financial status?
 

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