Summary
In California, during divorce proceedings, you can file a pendente lite order for temporary financial arrangements, such as rent payments from a spouse living in your home. Additionally, a Watts Charge can be requested for reimbursement for exclusive use of community property. To file a Watts Charge, you need evidence of exclusive use, a calculation of the propertys rental value, and details on the financial impact on the non-resident spouse. Documentation like mortgage payments, property tax receipts, maintenance bills, and rental market analysis can support your case. Consult with your attorney to discuss these options and gather necessary documents.Full Conversation
I live in California
Hi Hector! Thanks for sharing your location. Could you provide more details about the legal issue you're facing? This will help me give you the most relevant information.
I am in process of getting a divorce from my soon-to-be ex-wife and she has been living in my home since the divorce proceedings began over 2 years ago. Is there a legal motion that my attorney can file for her to have to pay me monthly rent
Hector, in California, you might consider asking your attorney to file a motion for "pendente lite" (temporary) orders. These can address temporary financial arrangements, including possible rent payments.
Have you discussed temporary financial arrangements with your attorney yet?
I am paying for the more The Home mortgage but I could be also renting out part of the home to somebody else is there a motion I could file for her to have to pay me half of what I could be renting the house out for
In California, you might be able to request that your soon-to-be ex-wife contribute to the mortgage or pay rent through a pendente lite (temporary) order. This would be part of the temporary financial arrangements during the divorce process.
Have you already discussed with your attorney about filing such a motion?
Is there any other motion watts charge
Hi Hector! In California, another motion related to property use and expenses during a divorce is the "Watts Charge." This allows one spouse to request reimbursement for the other's exclusive use of community property, such as a home.
Have you discussed the specifics of the Watts Charge with your attorney?
What is required to be able to file the watts charge
To file a Watts Charge in California, you generally need:
- Evidence of exclusive use of community property by one spouse.
- Calculation of the reasonable rental value of the property.
- Details on the financial impact on the other spouse.
Have you gathered any evidence or documents related to your wife's exclusive use of the home?
What kind of Details on the financial impact on the other spouse.
For a Watts Charge in California, details on the financial impact on the other spouse should include:
- Mortgage payments made by the non-resident spouse.
- Potential rental income lost due to exclusive use by the resident spouse.
- Any additional costs borne by the non-resident spouse (e.g., maintenance, property taxes).
Have you gathered documentation on these financial aspects?
What kind of documentation
For the Watts Charge in California, the following documentation could be useful:
- Mortgage payment records
- Property tax receipts
- Maintenance and utility bills
- Rental market analysis for potential rental income
- Proof of exclusive use of the property by your spouse
Have you gathered any of these documents yet?
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