Epstein Credits

If a home is purchased during a marriage, who is responsible for making the mortgage payments after spouses separate?

What happens during marriage?

During marriage, all property (real or personal) acquired or debt incurred is considered community property (Cal. Fam. Code §760) except for assets (and any encumbrance(s) on such asset) received by gift or inheritance (Cal. Fam. Code §770). Thus, each spouse typically has a one-half interest in a house that is purchased during the marriage and are responsible for one-half of the mortgage on the house.

What happens after separation?

Following the date of separation, the assets and debts received by one spouse are typically the sole and separate property of the spouse that received them (Cal. Fam. Code §771). So what happens if a home is purchased during a marriage, but only one party’s earnings are being used to pay the mortgage of the home after the spouses separate?

In such a situation, the party making the payments is entitled to reimbursements in the amount of one-half of the total payments made following the date of separation. For example, if the monthly mortgage payments are $3,000 per month and one spouse made the payments for six months, that spouse paid $18,000 towards the mortgage and has a claim for reimbursement in the amount of $9,000 from the other spouse because they covered the other spouse’s obligation.

However, in many instances, there may be a way to compensate for such reimbursement that the best family lawyers know.

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