Legal Question in Family Law in California
I got divorced in 2009 in San Jose, California and my ex spouse and I had a home property. I was not able to get half of everything we owned because I was not able to afford a lawyer. He was an abusive person and was unfortunate to have a 50/50 child custody with our daughter who is now 15 years old. He makes more money because he is an engineer and he lied completely about his income when we both filed for our self contested divorce. My hourly pay was only $13 while he was making 3-4x more than mine but I only received $357 for child support because of the 50/50 custody and now he is only paying $328/mo for the last 3 years. I had to file for bankruptcy during the divorce in order to keep up with my rent. He changed all the locks in our home so that I could not enter the house to get all of my belongings nor he even bothered to split half of what we owned. He even had many renters live in the home and even had the house renovated and yet. He still hasn't given half of my share of what we owned. Do I still have a right in the home property and the things we both owned which he kept even though we are now both married? What are my rights?
1 Answer from Attorneys
If I understand your question correctly, you both were self represented and none of the property including the house was ever divided during your divorce action.
If this is the case, you have every right to divide the property at this time including ask for reasonable rental value and other benefits that you might be entitled to for husbands occupancy of the family home.
Your description of the income disparity between yourself and your ex would strongly suggest a right of support that needs to be reevaluated.
This is a complicated area of the law that deserves the attention of an experienced family law attorney.
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