Legal Question in Family Law in California
Hiding home purchase thru title fraud
I filed for divorce in Nov.2002. Settlement meeting was scheduled for March 2003 (wife did not attend but we came to an agreement over the phone via her lawyer to settle things.)She then refused to sign agreement and requested changes.(Asked me to refinance to remove any responsibility for our loan.I agreed and she still refused to co-operate and sign. I found out that she did not attend because she was hiding the fact that she was buying a house with her boyfriend. They both signed all documents as ''unmarried''. Her boyfriend's divorce was not to be final until June 2003. I have been told that what they have done is fraud. She now wants me to sell my home to get money. Had the information about her home purchase been known in March I feel she would have been forced to settle to get that house. I had owned a home in my name for 13yrs before getting married. I sold it and we bought my current home with the proceeds in Sept 2002 just before she left me in Nov 2002. Her name went on the new loan and title. My current lawyer is not sure how to use this information in my divorce. I have been told that what they have done can be a major problem but nobody seems to be able to direct me as how to respond. Please Help. Thanks
3 Answers from Attorneys
Re: Hiding home purchase thru title fraud
You should concentrate on the facts of the sale of your home and the purchase of the home with the soon to ex'wife's name on it. Depending upon the cirumstances of your case she may have little or no interest in the new home. Her conduct with her boyfriend is of interest only as to the source of the money they used to buy thier house.
Reply: Hiding home purchase thru title fraud
It sounds like you may have a Family Code Section 2640 reimbursement for your separate property down payment. Due to the complexities of your situation, one would need more information from you before providing a specific opinion.
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
Re: Hiding home purchase thru title fraud
These matters are really complex and you really need an attorney to work on the case. It would be too hard to give you cogent legal advice over the internet.
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