Friday, December 28, 2012

IS THE ORIGINAL OWNER ENTITLED TO A LARGER PORTION OF THE EQUITY?

QUESTION: California state scenario: a man owns a home. He marries a woman who moves into the home. Both live there for 7 years. They sell the home and move to a new home, live there for a few years, then sell and repeat this process a couple times over the period of an 18 year marriage. The couple plans to divorce and sell the home that they currently live in/own together. Question: is the man who owned the home to begin with entitled to any greater part of the equity that comes from the sale of the current home? =============================================== MY RESPONSE: Yes, to the extent that he or his forensic expert can trace funds from the sale of his former separate property home to the current home. Unless he has all of his escrow records from all of the homes and all of his banking records over that period of time (account statements and cancelled checks), such tracing can be a daunting or even impossible task because banks and other lenders typically keep their records for only seven years. =============================================== 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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