Legal Question in Family Law in California
I have a domestic violence restraining order on my husband for 5 years. recently he violated probation and was sentanced to 150 days in jail. In the mean time my mother in law has gotten Durable unlimited Power of Attorney. She has removed my name from title on one of our vehicles and put title in her name. She then went the very next day and filled out the papers for divorce with her power of attorney and he never signed the divorce papers. I believe she feels that she can come to our home and start to take what she belongs to him. my question is can she do this? and can i get a restraining order against her?
1 Answer from Attorneys
She cannot take your name off title to anything without your signature, regardless of the power of attorney. The rest of your question doesn't quite make sense. If your husband has been restrained from contacting you for five years, why does he still have anything at your house, and why haven't you filed for divorce in those five years? You need to explain this whole situation to an attorney in person and get some advice on what you need to do. If the mother in law is doing things with community property, such as messing with title to vehicles, you need legal action immediately, but what exactly you need can only be determined once you sit down and explain the whole situation more clearly to an attorney. If you would like to make an appointment for a free half-hour consultation, please call my Walnut Creek office.
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