Famularo & Associates -- Family Law Attorneys

41690 Enterprise Circle North, Suite 100, Temecula, California 92590 (Near the intersection of Winchester and Jefferson)

Wednesday, October 15, 2014

How do we divide the family residence?

My wife and I own a house together, it didn't have equity when we separated, but there is equity now. Who is entitled to it? Do I get credit for any house payments I have made since we separated?

Community assets are generally valued at time of trial. If the home had no equity on date of separation, but does have equity now, that equity would be divided equally. If you are living in the house and making the payments, you are not entitled to any type of reimbursement. The money you pay in mortgage payments is the equivalent to you paying rent. When one party leaves the home, the other parent steps into the shoes of a renter and is solely responsible for making those house payments. Hen the property is divided, each party gets half of that equity, even though only one party was maintaining the property.

Friday, October 3, 2014

What do I do if my ex wife fails to reveal the results of her drug evaluation?

There are two different types of "drug evaluations." Most often the court orders drug testing to screen for drugs in a person's system. This is usually a urine test.  Occasionally, and this would only after a person tests dirty for a drug test, the court would order a substance abuse evaluation. This would be done by a trained professional to determine if someone had a substance abuse problem.

If a person was ordered to take a drug evaluation and does not submit it to the court it is as though she did not take it. Typically, drug evaluations are used when custody is at issue. If you are referring to a drug test, if she does not submit the results of the drug test to the court, the court will treat the test as though it is dirty. If you are referring to a substance abuse evaluation, which is usually done to determine whether the current orders should change, if the results of the evaluation are not submitted to the court, the court will not make any changes to the orders until a satisfactory evaluation has been submitted. If you believe that the results of the evaluation are incriminating, you should subpoena the information directly from the source and submit them to the court yourself.