Legal Question in Family Law in California

Re: Does Leaving the House Mean you will Lose It

No. Your ex will legally share an 8 year community property interest in the home with you, and the residual years that you owned the home solely will be your separate property interest completely. If you would like further legal assistance in this matter, contact our Law Office directly.

Reply: Does Leaving the House Mean you will Lose It

In a general sense, if you leave the home you do not loose ANY of your legal rights to your separate property interest as well as your community property interest.

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: Does Leaving the House Mean you will Lose It

You are dealing in a complex area of law concerning the community property interest and your reimbursement rights (your separate property interest.) This means tens of thousands of dollars, if not hundreds of thousands of dollars, to you. Seek the guidance of an attorney to help you through the legal maize before you make a mistake and lose lots of money. However, your moving out of the house will not affect your rights. Good Luck, Pat McCrary

Re: Does Leaving the House Mean you will Lose It

No. If you are in Southern California contact me through this website for a free consultation.

Re: Does Leaving the House Mean you will Lose It

This is a complicated area of the law. You had better be well versed if you wish to prevail. The matter is primarily controlled by Family Code Section 721 which considers the fiduciary duties of the parties when it comes to transferring property to each other during marriage. The primary relevant cases are: "Haines" and "Delaney."

If you leave the house you are not giving up your rights.

However, even if you prevail in court and it is determined that the house is your separate property, your wife may, nevertheless, have some interest depending upon whether there was a loan which was being paid by the community.

In any event, there is far too much money involved in this matter for you not to have an attorney. I VERY STRONGLY advise you to retain an attorney to assist you.

Regards,

Damian Nolan