Legal Question in Family Law in California

i have been married 44 years....my question is..we own a home. but we are not in a good realtionship...and i feel that i need to see what i can do for myself...we both do not work. my husband has been retired for 15 years because of a back problem...he is getting his ss. and also pension ...i am not working..and i get ss. but right now we are having finanical problems....and our son lives with us...who is 36...and we have a son who passed away almost 2 years ago...we just don;t have a relationship anymore. our marriage is just not a good thing for either of us...but i want to know what is my options...i do not get any monthly income except for ss. which is now in our one acct. and can;t get to it...because we have bills/ but i have money which my parents left me...and i use that for myself and for food for the home...what i need to know..do i get a divorece ..so i can have my ss. and also sell the house and split the money...becasue i will not beable to survive on just my s.s. and i can;t not get to that..because we use it for many things. but i know i need to get a new life for myself...and in order to do that i need that money...we are having trouble with money. because our son lost his job and my husband took our money from our aquity . and use it to help our son pay his rent. so now we are stuck. and needs to pay it back to the bank. so all the money we had is going for that and also bills. so i am just wondering what i can do ....i feel that i need to start a new life. and don;t know how to do that. thank you.


Asked on 10/22/09, 3:04 pm

1 Answer from Attorneys
Delilah Knox Rios Delilah Knox Rios, Attorney At Law, APLC

You have any options and should talk to an attorney right away. You can contact SS and have your direct deposit placed into a new account in your name alone. You should at least have access to those funds. If you have funds from your parents, you should transfer those funds also into your name alone, so that you can manage what is your separate property. You can talk with an attorney mediator or a Collaborative Divorce professional also, which might save you substantial money in fees. If not, at least seek assistance with an attorney for more specific information.

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Answered on 10/28/09, 10:15 pm


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