Legal Question in Family Law in California
what is my right about the property, and credit card bills?
we got married in 2002 july, and my husband left me on the September the 24th 2004. we bought the house in April for 375,000 under both my husband and my name. we have credit card dedts for 20,000 under both of our name, and we bought the one car under both of our name, and I had my own car from before I got married.
He is asking me to divorce, and he does not want to use attorney( I don;'t know why?). He told me that he is going to refinance the house to under only his name, and he wants me sign in the escorw compay that I will be removed from the house title. he wants to keep the house, and he said he will take over the credit card dedts, but wants me to pay him what I used. he said that he will take the car.
and he won't pay me the money that he borrowed from my mother, and want me to leave the house without penny.
what is my right to do? if he refinance the house under only his name, does he have right to keep the house? and kick me out? what is my right? what kind of support can I get? please help me. I don't have a job now, so if he kicks me out, than I have no money to support myself. how much can I legally ask him for per month if he is making 3500 per month?? and what can I get from the house? please help me.
3 Answers from Attorneys
Re: what is my right about the property, and credit card bills?
You are entitled to one half of the community property interest in the house. You would also be liable for some portion of the credit card debt, often this is one half. Who ever takes the vehicle with the loan takes the responsibility of the debt.
Reply: what is my right about the property, and credit card bills?
In a general sense, you should not sign any legal documents before consulting with an experienced family law lawyer.
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: what is my right about the property, and credit card bills?
In my experience, when one party says "don't use an attorney" it generally means that that party wants to control the situation and achieve an advantage.
You absolutely should retain an attorney to assist you. And, don't listen to what he is saying to you - you can bet he is not saying anything that will be beneficial to you.
In general, you are both entitled to one half of the community assets and obligated for one half of the community debts.
I don't know enough about your situation to give an opinion regarding spousal support. However, I would say that your marriage is of short duration and, unlike child support, the court has very broad discretion whether to award any spousal support.
If you wish to discuss the matter please feel free to callus at 562/601-8133 and ask for Jennifer. Jennifer will be happy to discuss your situation with you.
Regards,
Damian Nolan
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