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ironmike76
recently joined


Reged: 12/22/09
Posts: 1
Positive Equity and Negative equity
      #614235 - 12/22/09 10:50 PM

I Have a trial in January.I have been going through my divorce for over a year. We both purchased 2 Homes together. One home was bought in 2001 and has maybee 100 k in equity. The other property has negative 200k equity. She wants to stay in positive equity home while i take the upside down home. What will a judge decide on this.? Also we were seperated in May 2008 and values indicated are todays values, What should a certified appraisal be done for current values or date of seperation values. I need to get everything ready so please help.

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CAFamilyLawCoach
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Reged: 01/02/10
Posts: 63
Re: Positive Equity and Negative equity [Re: ironmike76]
      #617015 - 01/02/10 05:32 PM

Generally, your property is divided equally and the valuation dates are as of the date of trial. You will want current property values on both the houses plus current mortgage statements. Who was living in which house and paying what mortgage? This may also play a factor, but the critical aspect is the valuation as of the date of trial (NOT separation) and the equal division of property. Please note this is based on CA law and laws in different states may be different!

--------------------
Christina McPherson, Esq.
Hourly family law coach
CAFamilyLawCoach.com


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