Legal Question in Family Law in California

Hello!

Here is my question:

My mom wants a divorce from my dad. They have been married for 27 years, and my dad was a "real estate investor" and purchased many rental properties and had my mom cosign on the deeds and mortgages of the properties (because she had a regular income as a nurse, whereas he never gave himself a payroll so he couldnt qualify for loans on his own). He's been very secretive and manipulative about his business dealings, even though my mom's name is on everything. My mom wants to have her name removed from the mortgages because there are a lot of properties in foreclosure (I dont know exact details because he's secretive). I know that in the case of divorce, marital property is to be split equitably, so what would this mean for her, and is it better that the property issues be settled now or during divorce proceedings?


Asked on 8/07/10, 11:13 pm

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

It isn't just the community assets that are split, but also the debts. She needs to find out about each property and just how bad things are. She is not going to be able to remove her name from those mortgages, especially if your dad cannot qualify on his own. Courts will not allow third parties, such as banks, to suffer financial loss or exposure because a couple divorces. Tell your mother to at least consult with an attorney before she signs anything else. I am really sorry.

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Answered on 8/12/10, 11:34 pm

Your mom needs to get a complete accounting of all your father's financial dealings. Ms. Beers is correct that your mom is on the hook for all the community debt, whether she signed for it or not. If she is going to file for divorce the sooner she does it the better, so she can use the power of the court to force disclosure of everything your dad has done and is doing. He has a fiduciary duty to disclose everything to your mother, but it sounds like he is not going to do that unless he faces court penalties for refusing. Your mother needs to consult with an attorney right away, and get the divorce under way if that is what she wants.

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Answered on 8/13/10, 12:31 am


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