Legal Question in Family Law in California

Please help:: have a divorce question

Hello, I am a U.S. Marine, recently coming back from Iraq, I have rencently found out that my wife has been taking Heroin. She was the main care giver to our three kids while i was either Iraq or while i was working with my civilian job. Because of her Heroin addiction and multiple attempts of suicide I am getting a divorce. I have hired a lawyer and filed for an exparte which has been signed off to a judge restricting her from the House and my Children with exception of 4 visitation hours a week. My concern in question is in regards to my house in the state of California. When purchased the bank made her sign documents stating that she is not on the loan or title of the house due to her extreme bad credit. Does this even matter being that in California it is 50/50 in divorce? Can she get the house? She wrote a rebuttal asking for alimony, child suport, full custody of the children, the house, the vehicle (which is only in my name) Whats your opinion Note weve been married for 6 years.


Asked on 6/13/09, 12:43 am

2 Answers from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Please help:: have a divorce question

In answer to your two questions: yes, it matters, and perhaps, anything is possible. However, it depends on all the circumstances. Have you discussed this with your attorney? Remember, attorneys are not fortune tellers, and everything in life is a risk. Write out all your concerns and take your notes to your next meeting with your attorney. If you are not satisfied after that meeting, then retaining an attorney for a second opinion (with full discussion of all relevant details), might be appropriate.

PS: Thank you for your service. My father and uncles served in WWII and my oldest brother was in the army. You guys sacrifice so much. I'm sorry you and your children are going through these tough times.

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Answered on 6/18/09, 8:14 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Please help:: have a divorce question

There is a presumption that property obtained during the marriage is community. The money used to pay for the house was community property and was 1/2 hers. Thus she contributed to all payments made to creditors during the marriage. You should discuss this with your attorney.

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Answered on 6/20/09, 12:50 am


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