Legal Question in Family Law in California

Greedy stingy Husband

He wants to keep the house that we purchased in 2001. All I want is half the equity in the house,(110K total). I do not want his pension (even though he has over 80K), spousal support or furnishings. ( No children, six years of marriage).

I have been making improvements on the house since I have been unemployed for a year, for a better appraisal. Now he is going back on our deal by not paying my credit card bills and basically not giving me any money to survive on. I spent years cleaning up his credit,now he is trying to ruin mine. ( I am living for free at my Brothers' home and looking for employment.)

I cannot afford the retainer my attorney is requesting. Is it tacky to ask for a contingency,saying that I would pay her after I receive my share of the equity? Can this be done? I do not have a wealthy family and they are already giving me gas and food money.


Asked on 11/11/05, 10:06 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Greedy stingy Husband

We would need to ask you a few clarifying questions before we can properly guide you here legally. Contact us today with more information regarding any specific oral or written agreements between you and your husband, and we can help you from there.

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Answered on 11/12/05, 11:16 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Greedy stingy Husband

In a general sense, oral agreements between divorcing parties are not enforceable. If your agreement is in writing, it is possible that it is not enforceable if there has not been compliance with mandatory disclosure requirements. It sounds like you might be better off going for what you are entitled to by statute!

If you can not afford an experienced attorney you might want to find an experinced paralegal assistant to keep the cost down. We offer attorney supervised paralegal assistance for self represented indivuals.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/15/05, 5:50 pm


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