Legal Question in Family Law in California
Seperated
MY HUSBAND, SOME HOW GOT ME TO TRANSFER OUR HOMES INTO HIS NAME ONLY, HE SAID IT WAS A ''FINANCIAL SHORT CUT''? ANY WAY HE HAS SINCE KICKED ME OUT OF OUR HOME,AND SOLD OUR OTHER HOME. I AM NOW LIVING ON SSI and after being homeless for 2 yrs. I FINALLY FOUND AN APT I COULD AFFORD. WHAT IF ANYTHING CAN I DO? WE ARE STILL LEGALLY MARRIED, I HAVE NOTHING AFTER 33 YRS OF MARRIAGE I TRUELY HAVE NOTHING... PLEASE HELP!! HOW CAN THIS BE LEGAL?
THANK YOU SO MUCH,--name removed--C
3 Answers from Attorneys
Re: Seperated
DISCLAIMER: This reply does not constitute legal advice. You should immediately contact the Law Office of A. Russell Martin (415/364-1604) (hereinafter "Attorney") or another lawyer to fully protect your legal rights. Attorney cannot render a considered legal opinion based on the limited information provided. Consequently, you cannot rely on the statements contained herein. Moreover, Attorney cannot guarantee a particular result for your case. This reply does not constitute an offer for professional services and no professional relationship exists until Attorney and all prospective clients execute a separate written fee contract according to subsequently negotiated terms. Please be further advised that all potential claims will be lost forever if they are not filed with the court in time, so you must contact a lawyer immediately.
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Hi,
What a nightmare! I will need a lot more information to help you. You probably have community property and spousal support claims against your husband. Additionally, under the described circumstances, you may also be able to sue your husband for fraud, malice, emotional distress, etc. I strongly urge you to immediately call me or another attorney to protect your rights.
Best of luck and God Bless,
Russ Martin
(415)364-1604
Reply: Seperated
In a general sense, it may be quite easy to set aside the transfer deeds that you signed, and restore your community property interest to the properties.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Seperated
There are a number of approaches to your situation. First of all, you need to file for a divorce or separation petition to give the court jurisdiction over these issues. I would suggest that you hire an attorney, and even if you don't have much money, the attorney may be able to get his/her fees from the house, spousal support that would more than likely be awarded to you, or have attorney's fees awarded to him/her because your spouse is in a better financial position than you at this time. The attorney may want to set aside the conveyance of the real estate--you still have a community property interest in this property since you were married for such a long period of time.
The main thing is to get legal help ASAP--the longer you wait, the harder it is for the set aside--everything has deadlines in the law. So, Monday morning I would call around various attorneys to see if they might assist you, and if they can't then you need to see a place that provides free legal aid--maybe check with the court for a list of providers.
Good Luck--you have a case--but don't wait too long--
Legally speaking, AttorneyKaren