Legal Question in Family Law in California

concerned sister

Hello,

I'm writing you on my brother's behalf. I'm concerned that my brother has just got his heart broken by a Ukranian Immigrant that was in this marriage for American citizenship. He wants to believe that they got married for love but I find it a bit convenient that as soon as her 2 year visa renewal came up she left him shortly after the renewal papers get sent in? They never had any children together and have been married only 3 years.

My brother owned 95% of everything before she came into the marriage. I understand those assets to be considered seperate property. Some information, I've read is that community property are assets aquired after marriage or living together. Well they were married in 2004 but she only got her spousal visa in 2005 nearly 1 year later after marriage. My brother bought a car a couple of months after they got married but had it before she moved to the States. So the pink slip has a date after marriage but before actual entry into the Country or living together. Is the car considered community property?

She's moved out she refuses to return my brother's house keys. It's a rental and both names are on the rental agreement, she's coming in & taking what she wants. Is this theft?

Thanks


Asked on 5/18/07, 5:09 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: concerned sister

He should change the locks on the house. Her conduct in taking these items is not theft. He also has the right to change the locks. The car is probably community property. However, only the value over the amount due on the loan. He should retain an attorney to assist him in this matter.

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Answered on 5/23/07, 9:55 pm


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