Legal Question in Family Law in California

Hold that Wedding!!

I have been living with my fiancee' for three years. I had $25,000 from the sale of my home when we met.He was 5 months behind in house payments and $20,000 in debt collections come to find out. Most of my money went to pay off his debts, remodel the home, and daily living expenses. I earned approx.$1200 a month. From the beginning ha sais he would put my name on the house to ensure the return of my money,in Nov. 2000 we finally refinanced and I am on paper as 50% owner.In December 2000 I went on Disability due to an old back injury, which my fiancee' very strongly supported. Since that time, he has become increasinly abusive, while there have only been small (if there's such a thing)incidents of physical abuse, the verbal abuse is constant and escalating. There is a definite alcohol problem and I have found proof of methanphetamine use by him. He has threatened that if I leave he will not give me my money, make payments on the house, or sell. He will see me in ''Hell'' first.His daughter(16) has stated she does not want to stay with him if I leave. All her relatives live out of state. What options do we have? I'm afraid of what he'll do to me if I take her with me.I need my money to survive.How do I protect us? Please help.


Asked on 6/11/01, 11:13 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Hold that Wedding!!

For your protection you may get a domestic violence "kick-out" ORDER. If you may prove that he is unfit as a father, and it is the wish of his daughter to live with you, there may be a chance that you may get custody of the daughter and the support payments from him. Please call me directly at (619) 222-3504.

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Answered on 7/05/01, 1:46 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Hold that Wedding!!

I assume you are not married. The controlling case if this is the case if Marvin v. Marvin. In domestic partner situations, if there was a written or oral promise to split property, etc., than that is enforcable. In the alternative, you could always sue for quasi contract. If you are located in SoCal you may call me for a free telephone consult at 818-998-1584

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Answered on 6/28/01, 9:46 pm


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