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Pages: Can any 1 offer some advice? [1]
Author Topic: Can any 1 offer some advice?

Posts: 4

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2011-01-30 9-23-12-

Can any 1 offer some advice? I'm in CA, common-law state as far as I know, hopefully someone on here familiar w/ the laws can offer some advice. Been married 10 years, have a house + 2 cars between us gained in the time we were (are) married. She's moving out to an apartment, im keeping the house, we're sharing the , so far everything's amicable / friendly, etc. "so far".... lol. neither of us want this to turn into something more nasty. The thing is.... we have about 28K debt between us (not counting the house).... credit cards / small balances are in her name and those total about 2,500 or 3K. She's paying those off cuz those r in her name and fixing her credit, both of us have purchases on them. The remaining 25K is HELOC and a credit acct for flooring for the house. A coworker tells me anything that's gained during a marriage in CA is part of that marriage and must be split 50/50, even if she was not on the deed, we've been married & lived in the house for 10 yrs. She's arguing that since she wasn't on the deed, and moving out, she can file a quitclaim and I'll be responsible for that debt. So my options are... make a big deal of it, pay a bunch in lawyer fees that I don't have and who knows how a judge will split stuff, or not make a big deal of it and deal / her getting away w/ not paying much? i want to keep the house and she says she wants me to keep the house for the , or at least not lose it if i want to keep it. Even if she doesn't pay 50/50, I wouldnt mind making a deal / her to help pay a little of it at least. Options? maybe write her a friendly letter? hmm.
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2011-02-01 11-53-45

is she on the mortgage?
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2011-02-01 18-19-48

no, but I'm not sure it matters... community property.
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2011-02-02 8-16-46-

but only you are responsible to the mortgage company
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Posts: 36

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2011-02-03 0-26-46-

not sure if this will post correctly, but as far as community property, im not sure if i matters, b/c all property gained during a marriage is part of that marriage, 50/50. deosn't matter whose name is on what document. right? just checking facts.
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  • stahlberg

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    2011-02-03 22-19-58

    She's entitled to half the debt as well as half the assets which includes any equity in that house. Get it appraised and come up with a fair number based on what's owed and how much its worth.
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  • seil

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    2011-02-03 23-03-04

    there's no equity in the house, we're upside-down on it. so for this I'm not even counting the mortgage. she says she doesn't want to deal w/ the mortgage, doesn't want any interest in the house. My thought is, well that's ok i guess, since i'm upside down in in anyway, neither of us want to have to short-sell it, would rather party keep it. So aside from the mortgage, there's the approx 28K of debt in HELOC and another account that's not counting the mortgage. My thought is it's fair for her to pay partial on that, even if it's not 50/50, or something at least. It doesn't seem fair that she should be able to "get away with" paying about 3K out of 28K and i get the other 25K to pay. Or am i out of luck? dang.
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  • debora

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    2011-02-06 11-01-30

    You mean Community Property state?
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  • Reginald

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    2011-03-18 2-06-05-

    yes, exactly, sorry i should have used that term I found a site that states "All that the law requires is that the net value of the assets received by each spouse must be equal. Thus, it is not uncommon for spouse to be awarded the family residence, with the other spouse receiving the family business and investment real estate. Since the total net value of the assets being received by each spouse is equal, such a division is proper." so i guess we would / could apply that to our situation somehow.
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  • dewar

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    2011-04-24 14-37-37

    Do you mean that you want to compel her to continue paying the mortgage?
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  • delwyn

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    2011-10-10 3-08-36-

    no..... I don't want her to have to feel or make her continue paying the mortgage, but aside from the mortgage, there's the approx xK of debt in HELOC and another account that's not counting the mortgage. My thought is it's fair for her to pay partial on that, even if it's not x/x, or something at least. It doesn't seem fair that she should be able to "get away with" paying about xK out of xK and i get the other xK to pay. however, I don't want to be a jerk about it either. I just want to do what's fair for both parties.
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    2011-11-13 13-26-48

    You do realize that HELOC stand for HOME EQUITY line of credit, don't ya??!!
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  • kimbrell

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    2011-12-05 11-25-35

    Because, you took a loan against the equity in the house YOU are planning to keep. Why should she be responsible for paying back equity to a house that she isn't doesn't own and isn't gonna live in? Mortgages and HELOCs are not the same kind of debt as credit cards. What did you spend the HELOC money on?
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    2012-02-05 1-15-00-

    at the time we took out the HELOC we were BOTH planning to stay in the house. that was a couple yrs ago... this separation is happening now. HELOC was spent on various... her car, my car, groceries, etc, to stay afloat going thru tough $$ times. Yes i know a car isn't the best thing to buy w/ a heloc, it didn't all go towards that, various stuff.
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  • hayford

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    2012-11-25 0-06-20-

    Clarify something for us common law marriages are not recognized. You would be consideredpeople living together, except someone will be liable for support. If, like another poster said, you mean community property, then the other poster's advice is good. It's all x-x. Try to get a good divorce lawyer because when it comes to and property, that's the safest way.
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    2013-10-12 1-13-08-

    right... not common law marriage, i meant community property. There's no equity in the house, we're upside-down on it. she says she doesn't want to deal w/ the mortgage, doesn't want any interest in the house. So aside from the mortgage, there's the approx xK of debt in HELOC and another account that's not counting the mortgage. My thought is it's fair for her to pay partial on that, even if it's not x/x, or something at least. It doesn't seem fair that she should be able to "get away with" paying about xK out of xK and i get the other xK to pay. Or am i out of luck?
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  • catania

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    2014-02-06 8-56-37-

    Is her name on the line of credit loan?
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  • vannote

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    2014-11-27 19-36-26

    actually, not sure. im guessing just mine, for purposes of this discussion. But I'm not sure it matters, community property right?
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  • gesner

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    2015-07-12 15-14-27

    heloc info It is my belief that basiy any financial activity you guys conducted during he marriage can be part of the divorce proceedings...I am assuming that you are not upside down in your home like many people are right now so that is a plus....but i think what ur gonna have to do is sit down and figure out exactly how much heloc money went where.....i think you said some of it went towards flooring for the house...well that part is prob yours if you intend to keep the house.....What you have to understand is that a heloc is more like a credit card than a mortgage....the heloc lender is not gonna care if she signs a quit suggestion is to try to put down in writing exactly where the heloc money went...give her a copy and see what she says...i hope for your sake that since you were married for x years that she makes as much money as you do.....or you are in for a surprise if she decides to get an attorney
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  • kasparian

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    2015-12-22 21-43-45

    I'm sorry I didn't read ALL the post before I put mine in...OK if you are upside down in ur house the current pattern is that if you want the house it will be given to you at a zero value....meaning you will not get any credit from her for the negative equity.....basiy the courts are saying in this reality that it is your choice to keep an upside down house....the heloc however if generated during the marriage is a community debt which has to be split equitably....notice i didn't say x/x cuz thats not always the case it depends on how the other assets/debts get split
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