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Paying Rent to an Estranged Spouse Under Watts Credits

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  • 12-12-2018, 11:20 AM
    kouroush
    Paying Rent to an Estranged Spouse Under Watts Credits
    My question involves a marriage in the state of: CA- Los Angeles County
    My wife left the house on 10/20/18 to her parents house to proceed for divorce. A week later we agreed on putting our house that we bought together for sale. The house got an offer and escrow opened a week later and the escrow will be closed in a few days. a couple weeks ago her lawyer verbally told me I have to pay her rent and I refused it over the phone because the house was not even rentable during this time as it was in escrow. To add that these two months I paid half of the mortgage as my share to her.
    Can they get rent from me under any law, or this can be easily awarded to me by judge if we go to court?
  • 12-12-2018, 11:37 AM
    flyingron
    Re: Divorce: Paying Rent to the Out-Spouse Under Watts Credits
    If can't see how you owe any rent. I presume you are still married though separated and you are still on the deed at this point.
  • 12-12-2018, 11:43 AM
    kouroush
    Re: Divorce: Paying Rent to the Out-Spouse Under Watts Credits
    We are in the process of divorce and initial papers have been submitted to court but not finalized yet. Her lawyer is claiming I owe rent under Watts Credits, where my understanding is Watts law applies when the out-spouse is paying for rent or mortgage and the occupying spouse needs to pay half the value of rent to the other spouse.
  • 12-12-2018, 12:09 PM
    PayrolGuy
    Re: Divorce: Paying Rent to the Out-Spouse Under Watts Credits
    How hard do you think it will be for your STBEx to come up with a rent agreement with her parents?
  • 12-12-2018, 12:14 PM
    kouroush
    Re: Divorce: Paying Rent to the Out-Spouse Under Watts Credits
    She will not be paying rent to her parents. She is just trying to get more out of me. I just dont think it is fair for me to pay rent as the house was in escrow and I was paying my own share. She had the option of staying too.
  • 12-12-2018, 12:38 PM
    PayrolGuy
    Re: Divorce: Paying Rent to the Out-Spouse Under Watts Credits
    I don't think it is fair either but this has nothing to do with fair. Reread my question and think about it. How will you disprove that she is paying or owes rent to her parents if she shows up with a rental agreement?
  • 12-12-2018, 04:25 PM
    pg1067
    Re: Divorce: Paying Rent to the Out-Spouse Under Watts Credits
    If you had exclusive use of the marital home but only paid half the mortgage, she may have a valid claim. Read this. If you still have questions, come back and ask them.

    P.S., the term is Watts charges (and Epstein credits).

    Quote:

    Quoting kouroush
    View Post
    my understanding is Watts law applies when the out-spouse is paying for rent or mortgage and the occupying spouse needs to pay half the value of rent to the other spouse.

    That's incorrect, as you'll see if you read the article I linked. Whether or not your wife is paying rent to her parents (or anyone else) isn't relevant.
  • 12-13-2018, 09:16 AM
    kouroush
    Re: Divorce: Paying Rent to the Out-Spouse Under Watts Credits
    Quote:

    Quoting pg1067
    View Post
    If you had exclusive use of the marital home but only paid half the mortgage, she may have a valid claim. Read this. If you still have questions, come back and ask them.

    P.S., the term is Watts charges (and Epstein credits).



    That's incorrect, as you'll see if you read the article I linked. Whether or not your wife is paying rent to her parents (or anyone else) isn't relevant.

    Do you think the judge could ask for me to pay rent when a week after separation house went on mamrket to be sold and a week after that escrow opened? The house was not rentable, neither I got any written request to any settlement agreement. I also have text messages that the wife asked for each of us to occupy the house and rotate every two weeks and she never did. I also have text messages that I said if you choose to stay in the house I am ok to move out but since she was scared of liviving in the house by herself that was never an option for her.
  • 12-13-2018, 10:36 AM
    pg1067
    Re: Divorce: Paying Rent to the Out-Spouse Under Watts Credits
    Quote:

    Quoting kouroush
    View Post
    Do you think the judge could ask for me to pay rent when a week after separation house went on mamrket to be sold and a week after that escrow opened?

    The judge isn't going to ask you to do anything. The judge will either order you to pay or not order you to pay. Note that it is common for Watts charges and Epstein credits to be used in negotiating, but ultimately to be waived in the final settlement.

    Some of the things you mentioned could be relevant if the court is forced to rule on the issue, but the fact that the house wasn't rentable isn't relevant. The point is that you got exclusive use of the property. If you had paid the full mortgage, then the credit would likely balance out the charge. However, since you said you only paid half the mortgage, it's uneven.

    You need to discuss this with your divorce attorney.
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