Wednesday, September 7, 2011

HOW WILL OUR ASSETS BE DIVIDED IN A DIVORCE?

QUESTION: My husband's father left our house to my husband when he passed away while we were married with two children. Is there any chance that I could get the house if we divorce; if not and I have to move out with the children, how do I find out the amount of my child support and if I have to rent an apartment, is that also considered in determining the amount of child support?

MY RESPONSE:

If your husband inherited the house, it is his separate property.

If there was still money owing on the mortgage when he inherited the house, you may have a pro tanto community interest in the house, based on the mortgage principal paydown during the marriage, and to the extent the house was improved with community funds (your income or his income) during the marriage.

It is unlikely that you could receive the house in a divorce, because it is all or mostly your husband's separate property.

You will likely be entitled to Spousal Support, and if you get sole or primary custody of your children, you will likely be entitled to Child Support, which is based on your husband's income, your income, and the custodial timeshare. Your apartment rent is not considered in determining Child Support.

You would best retain an experienced Family Law Attorney to represent you in the divorce.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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