Legal Question in Family Law in California

Divorce and community property

Prior to getting married my husband and I searched for our home together finally found it and purchased it. Due to credit issues we put the house in his name. We recently re-financed and wanted to add my name to title as well. We were then given the advice that the loan woudl have to be re-done to add me that it wasn't just a matter of adding my name. We began to walk out and was then told by the escrow officer that it wouldn't make a difference because we were married anyway and the property is community property. So after more debate my husbad and I decided that it would be okay and he signed. Since we equally share bills and upkeep on our home. My husband began abusing me. In 2006 he punched me several times in my face and broke some facial bones. In the last year there has been several abuse incidents and I had to get a restraining order from him. I can no longer trust or believe that he can get better. So I have decided to get a divorce. Now he is intimidating me. He says that I need to leave with nothing if I'm going to leave. I was the stupid one for leaving the house in his name only. Is he right? I put all my income into this home as well. What can I do?


Asked on 2/04/07, 5:31 pm

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

Re: Divorce and community property

His threat about the property is just another attempt to control you. If you reported the abuse to the police you can get an order to remove him from the house. Then file for divorce. retaining an attorney will be very helpful in getting the best result.

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Answered on 2/18/07, 11:25 pm


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