My question involves a marriage in the state of:CA
Prior to separation (and filing for divorce) the ex and I signed a 7 year lease to purchase contract on a house. We locked in the sale price and came in with a pretty substantial down payment. the contract is set to expire in august of 2019. The title holder of the house (the private party we signed the lease/purchase with) is only due the original purchase price (minus principal payed down in monthly rent payments), to conclude the lease, (the purchase or sale may occur at any time by the ex and I). If the decision is made to sell the home on the open market any moneys from the sale above the original price are to be distributed to the ex and I. The ex moved out and has no interest in keeping the house and is only interested in half the money if the house was put on the open market. The ex has been requesting I terminate the lease early by either buying the house, and giving her half of the money that would be left over from satisfying the lease at an appraised price or placing it on the open market. To make it easier to understand :
example....house appraises for $400,000
still owed on original purchase $200,0000
the difference is split and $100,000 to the ex to release their interest in the lease
I have made several offers to buy the ex's interest in the lease, but have not been able to afford a mortgage that pays out the ex in full. I have requested that if the ex wants the lease executed prior to the expiration date of the lease she should work with me and take less so I can afford to pay the mortgage.
Here's me question.
Do "watts charges" apply to a lease/purchase agreements, (the monthly lease is below market rental value)? Can the judge force me to terminate the lease and buy/sell prior to the date the lease is set to expire. Does the ex owe anything towards the payments made on the lease in exchange for moneys paid out after completion of the lease? does the ex still acquire all the "equity" after the separation date?
Essentially found out my ex was sleeping with my best friends 4 months after signing this lease to own contract, the ex moves out, sticking me with all the bills (had to double my income). Then they dragged out the divorce for YEARS while the housing market made a come back. Now they demand I end the lease early and they get to reap the benefits (extra money from the housing market bouncing back) and then charge me more money for maintaining the lease that they are making all of this money on .... ?

