Legal Question in Family Law in California
Husbnd refuses to sign sep. papers
havnt lived w/husband in 10 mos. I want to separate because I need him to help support our daughter and I want to go on the deed with my father on his house without having to get permission from husbnd. I need to be separated financially from this man and he says he wont sign any papers. what recourse do I have?
1 Answer from Attorneys
Re: Husbnd refuses to sign sep. papers
He doesn't need to sign anything. File for legal separation or dissolution. Have someone over the age of 18, not you, personally serve him with the papers. He has 30 days to file his response. If he does not file a Response, request a default. Then request a default prove up hearing, at which time they will give you a judgment of legal separation. However, you may want to check with the escrow people to see if a judgment of legal sep is sufficient for them not to require him to sign an interspousal deed for the property. The may need a judgment of dissolution. If they do, then you need to decide if you want to divorce him or just legally separate from him.
Good luck!
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