negative equity and deferred maintenance

[imfree]

Im going through a divorce in California. My husband has moved out of the family home and has not helped with the mortgage or any other financial obligations. Currently we have negative equity in the home, but I would like to stay in the home to provide stability for our daughter.

When we complete the MSA can my husband be responsible to pay me towards the negative equity in the home or to complete repairs due to deferred maintenance, etc. The mortgage loan is in my name only, but we live in California (a community property state), so I know he would be entitled to half of the equity if we had any...shouldnt he also be responsible to absorb some of the negative equity and or repairs to bring the home up to standards.

What about other debt acquired during the marriage that is not in both names, but was acquired during the marriage?

 

[Duranie]

It is not likely the courts will order him to fix up the house. If you stay in the house than needs repairs this is something you probably are going to be responsible for. If you are awarded the house, he likely will have no interest in the house at all. A lot of people are dealing with negative equity, you will just have to wait for the market to pick back up.

Do you have an attorney? You can certainly ask that debt be split. You may or may not get it.