Legal Question in Family Law in California
divorce -separate property
My husband & I have been legally separated for 1 1/2 yrs. and now he is filing for divorce. At the time he signed an nterspousal transfer grant making our house my sole & separate property. He now wants half of the proceeds. Is is entitled to it? I did not ask for alimony. Can I ask for it in the divorce? We were married for 20 years at the time of separation. In those years his income was and is 75% more than what I make. Is there anything else I might be entitled to ask for? Thanks
2 Answers from Attorneys
Re: divorce -separate property
In order to invalidate the deed he would have to claim that you exerted undue influence on him to obtain his signature. And yes you can still obtain spousal support through the divorce proceedings. It sounds like you are talking about significant assets and you should retain a lawyer to make sure you get and keep what you are entitled to. Please feel free to call the office if you would like to discuss in more detail.
Re: divorce -separate property
There are many considerations here not present in your question, such as: What is the reason for giving you the house? Was it in exchange for your waiver of alimony?
You should really consult with an attorney. I can give you a consultation if you call me.
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