Legal Question in Family Law in California

Community property

We have been married for 10 years. But for last 2 year we were not having good time. But still living together with 3 kids ( 2, 4, 5 ). I have been working and all our married life and she has been taking care of kids. On day, when went back home, after work, she left all kids home. I reported to police, no luck. After 2-3 months she contacted me with email and asking the comunity property share. She doesn't want to take care of kids. If I sell the house, I will be on the road with all my kids. I can't afford to buy her share.

My question is how can I get the house for now, 5-10 year. Then give her the share. For all these years, I will be making payments and taxes. And I don't want to share the apreciation.

Also, is it viable to suit her for mental/physical disturbance she caused, when she left without any prior knowledge?

(please don't publish whole story on the internet)

Thanks,


Asked on 8/09/05, 12:58 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Community property

First off, there are too many issues to discuss on a system such as this. You should be entitled to child support from the mother for the 3 kids, however, you may have to pay spousal support to the mother, and since the marriage is 10 years or over, you could get stuck paying her for life.

As far as the house, you could be forced to sell the house by the Court, or you could voluntarily take out a second mortgage or refinance the house to buy her out, but I would only do so if she agrees to take no spousal support, etc.

You need a lawyer! If you are in Southern California you may call me for a free consultation.

Norm

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Answered on 8/09/05, 3:52 pm


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