Legal Question in Criminal Law in California

Husband Used Family Home to Bail Out of Jail

My husband filed divorce papers against me last year. We are no longer living together, but I was allowed to stay in the family home and he was ordered to leave. He has violated this order a number of times and as a result he was charged with numerous violations of the law. His bail was set at 80k dollars....he bailed out. This was over a month ago. I just within the last day or so found out that he used the family home as collateral for the bond. Now the standard restraining order that is on the ''divorce summons'' states that we are both restrained from ''encumbering'' or real property. How do I go about getting his bail revoked so that the home will no longer have this lien against it? I truly feel that he is going to run. I never signed for him to use the home as collateral and I don't understand how my interest in the property is able to be put at risk when I didn't agree to allow him to use it in this manner. Please advise.


Asked on 12/13/01, 7:02 pm

4 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Husband Used Family Home to Bail Out of Jail

I am sorry to hear of this most unfortunate matter for both you and your husband. You obviously wish to explore all available remedies. Finalize the divorce and divide the community property and let the judge know about the encumbrance. This will give your husband notice and some time to refinance his bailbond. Call me directly at (619) 222-3504.

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Answered on 12/14/01, 12:38 pm
Larry Rothman Larry Rothman & Associates

Re: Husband Used Family Home to Bail Out of Jail

If you and your husband are on title, I may be able to assist you in removing the bail lien. I will provide you with free consultation if you fax me all documentation you have on the bail lien as well as the title to your property. My fax number is 714 363-0229. Our firm handles cases throughout California.

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Answered on 12/14/01, 6:41 pm
Joseph Low IV Joseph Hawkins Low IV & Associates

Re: Husband Used Family Home to Bail Out of Jail

Your best recourse is to hire an attorney to represent you in the court. I know this is not advice, but there are rules against attorneys providing legal advice to individuals who are not our clients.

In this situation, I would recommend that you find one and consult with them concerning your rights.

You do not need a criminal defense attorney as much as you need a family law or maybe even a real estate attorney.

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Answered on 12/13/01, 7:14 pm
Victor Hobbs Victor E. Hobbs

Re: Husband Used Family Home to Bail Out of Jail

Your husband's signature alone would not encumber your interest in the home. The worst you face is the foreclosure of your home and your husband paying the bail bondsman out of his half. And it's very possible that with an encumbrance on your husband's half, this is legally not possible. And it may not be economically feasible. The problem is if you go after your husband you can get the bail withdrawn, and the bail bondman's would not be required to give back your ex-husband, or husband's money. You can of course have your husband sentenced to jail time for violating the family court's restraining order i.e. an OSC in re Contempt. Then you've got an unemployed husband that needs, with the court's contempt powers, to pay the bail bondsman back. Since $80,000.00 is like a murder case bail amount, he would probably have had the bail reduced after his first court appearance. And possibly down to O. R. with a little gentle persuasion of the judge. Your ex or husband is obviously not a very bright guy.

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Answered on 12/13/01, 7:36 pm


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