Legal Question in Family Law in California
Family Law
I am very rapidly tracking towards divorce at present, and over the past year my soon-to-be ex-wife has drawn her 17 yr. old daughter, my step-daughter, into her confidence re: every illicit, illegal and immoral act she knows about me. I'm no angel, but I'm not the devil she has painted to our daughter. The 17 y.o. now is very judgmental towards me, and most recently she has taken to cursing me in public, taunting me at home, and shoving me when we pass in a hallway. In Sept., I made issue of it, and her mother attacked me, called 911, and claimed I attacked her, had her daughter corroborate her lie, I was arrested, and now I have to go to` domestic violence classes to avoid a criminal record.My wife and teen now think they can run all over me. They are having teen booze and pot parties at my house, and when I insist they leave, my wife tells everyone that although I hold sole title to the home, CA community property allows her a say in who comes into my house. Can I deny any or all of these unwanted guests entry to my home? What can I do to deal with the teen's arrogance, doing as she pleases, telling me where to go, etc.? I am being subjected to verbal abuse daily, & I have seen how easily my wife can get me arrested...
1 Answer from Attorneys
Re: Family Law
You're in tricky situation. There are definitely community property issues, even though the title is in your name, with regard to the house. I imagine that you have made payments on the mortgage during the marriage.
What I would do is move out and file for divorce. You will have to keep making payments on the house, most likely, but she will be liable to you for one-half of the fair market rental value, maybe more. At first she will think that she has one up on you, but you will ultimately get your house back and she will have to move out, and the money she will owe for living in the house will be used as an offset against the money you will owe her for the community property payments made on the house during the marriage.
You need to be very careful in how you proceed with all of this. Because she was successful once in filing domestic violence charges against you, those allegations may be thrown around for a while. You will not want to stay in the house because my experience is that that type of woman will call the police again. You want to take charge of this, but not by staying in the house and fighting with her and her daughter.
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