Legal Question in Family Law in California
legal separation filed?
How do I find out if there was any legal documents filed when my husband and I were having problems in 1995. We saw an attorney, but I am not clear if there was any legal documents filed. We owned a home, i stayed and he bought another home. I did sign a quick claim deed for his property he bought. He did deed out of the property I was also in.He did give me money every month for our 2 kids and mortgage pmt. We since moved back in with each other for the last 7 years. We have sold our first home and bought rental property and refinance the home he bought for lower interst rate and added my name years ago. How do I find out if we were legaly separted,If we were or not,how does this affect my ownership in our home and rental property. I am not willing to contact the attorney we talked to. We were using one attorney for both of us. He also bought a vending bus. in 88 when we were married,w/the help of his parents interst only loan. I have been working w/my husband for the last 6 years, it is a corporation and i am not on the corporation. he has 100% shares. Do I have any interest the company. My husbands says no. We are also using our equity from our home to support the bus. The equity is in my name alone because of his credit
2 Answers from Attorneys
Re: legal separation filed?
Don't be a goose. Write a one-liner to the attorney. "Dear Mr. so-and-so. Please send me a copy of my file." If this is too scary for you, play $200.00 to an attorney to write this one-liner. The divorce attorneny must then send you the entire file within a reasonable time (30 days). If he does not send you the file you can report him to the state bar. This would be a serious offense.
Re: legal separation filed?
You can simply go to the family court in the county in which you were living in 1995 and look your name up on the court index. If you did not receive a notice of entry of judgment, your marriage was probably not entered. If there is no judgment entered, it sounds like most everything, including the corporation is community property, but you should talk to an attorney to get a good opinion after a complete review of the facts. Good Luck, Pat McCrary
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