Legal Question in Family Law in California

What happen to my house after divorce in CA? Can I file a summary resolution? or can my wife file a summary resolution? We both want to do it the easliest way....

I bought the house before marraige. The house is underwater (no equity). I pay mortgage, insurance and all home expenses. She does not own any real estate assets. We married less than 5 years, no children, owe less than $3,000 for debts during the marriage, less than $30,000 worth of community property (both of us combined) during marriage, not have separate property worth more than $38,000 (each of us) except the house..again no equity in the house (..we have a martial agreement...agree that neither spouses will ever get spousal or domestic partner support........can my wife or I qualify for a summary dissolution? or we have to go for a regular uncontested divorce...? Does the court verify separate and community assets that we report in the forms after we exchange those forms (F142, 150 and etc) ... or just based on what we agree on the forms (assets & income/expense froms) .......


Asked on 3/10/11, 11:13 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

First of all it is Summary Dissolution, not Summary Resolution.

You don't qualify for summary dissolution if you own interest in real property. You can read about the requirements here: http://www.courtinfo.ca.gov/selfhelp/family/divorce/qualify.htm

Finally, any lawyer that advises you to lie on the forms you file with the court is suborning perjury, which is in itself a felony.

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Answered on 3/10/11, 1:49 pm


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