Legal Question in Family Law in California
Abandonment
Abandonment, my wife threw me out to move her new boyfriend in and I want to know if the home we lived in do I have any rights to it . It is under her mother and her name.We were both paying for it when we were together. She is also trying to get child support but I have my children half of the year.
2 Answers from Attorneys
Reply: Abandonment
If the house was purchased prior to the marriage, it is separate property. There may be a community property interest in the separate property house based upon payments being made during the marital period from community funds.
For a specific opinion as to 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: Abandonment
Based on the provided information, you are entitled to this home, even if your name is not on the title. All this depends on the following information:
1. To whom did you make the payments to?
2. Did you take over the payments from the mother?
3. Do you and your wife both work?
4. Do you have a separate savings, checking account?
And with regards to your last question, she is entitled to child support; however, this can be minimized. If you wish to discuss further, contact my office (listed below). Best wishes.