Legal Question in Family Law in California

bought home in wife's name - during marriage

My wife works in a hospital a 5 years ago when we

purchased a house, i was not working, the mortgage

company eaisly gave us a mortgage and since my wife

made the application and I was worried about some

past legal issues (a false claim about maintiance in a

townhome I had in New Jersey) I just signed the

mortgage papers putting the house in my wifes name

as sole and seperate property. I provided the down

payment, and paid all of the taxes and maintiance and

we both contributed to a electronic monthly payment.

If we divorse after an 18 year marriage27 living

together. will trouble claiming my half of this asset. not

that I just put everything my wifes name 2 cars and

401K and savings. always thinking we are in cal

community property , will this be a difficult battle? or

are community proprtty issues 50/50.

also I took care of a blind child (now 17)and worked

odd things at home. my wife makes $55,000 she has

moved out 4 months ago, can I claim sposal support, I

have no inome now, what might it be, my son liv whme

5 dsand her weekends.

thanks

[email protected]


Asked on 11/29/04, 5:23 pm

1 Answer from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: bought home in wife's name - during marriage

In a general sense, you are probably entitled to spousal support and can probably set aside the deed you signed making the entire house community property.

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 including a detailed analysis of spousal suppoirt by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/29/04, 7:23 pm


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