Legal Question in Family Law in California

My husband and I have been married for 10 years . We moved in together in 2000

In January 2002 we bought our house the was the one on title, we got married in 2004. We have no children.The downpayment was a loan from my dad and it was transferred by wire transfer to my husband account . We lived happily untill 2009, I am italian an I was deported for failure to provide additional information as requested on my Adjustment of Status Application. I was given a 5 year ban before i could re enter the country. My husband at first considered moving to Italy with me, but then he decided to remained in california while I returned to Italy . Every month I paid into his account to cover house and living cost for as long as I could afford it in 2009,2010, part of 2011, but in 2011 I lost the good job i had in Italy and I was no longer able to send him money. He visited me in Italy in 2009, 2010 and 2011 but only because I paid for his flights . When I was no longer able to pay , he stopped travelling. Meanwhile he found someone else and stopped talking to me , and he simply wrote me an email saying he had to move on, I tryed to call and reach out but he refused all communication. I asked a friend lawyer to talk to him and he told me that - we had nothing to talk about because the house was bought in his name before our marriage - I have not been able to return to california due to the cost of travel and I have saved for two years to come over and file for divorce and get justice. I wish to file for divorce and to receive what i deserve for the house and support. My parents gave us the money to buy the house he still lives in and I wish to give them the money back. I know that after 10 years of official marriage I have more rights, but I need help. I already have , List of assetts and liabilities and his credit report. I cannot afford a lot, but I am determined to get this matter taken care. I need help in 1. assessing the situation.2. planning a course of action 3. drafting an amicable offer .4 eventually filing for court hearing.


Asked on 4/25/14, 2:32 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

You really need an attorney. He is wrong that the house is his. The down payment unless it was a gift may be reimburse able. Any community amounts that were paid on this are subject to reimbursement or division. . Sound like you are top of things. It may be difficult but some of this you may be able to do from there. You don't need to be here to file, you may not need a hearing if you both do a stipulation. Your course of action would be to file and start this....if he is willing to deal it makes it easier.

Read more
Answered on 4/25/14, 7:43 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California