Legal Question in Family Law in California
property division
I just received a bifurcation. Ex-husband is going on trial for battery, domestic abuse, (5 felonies total). I am also filing a civil suit against him for his crimes against my children and me. If I recieve a judgement can I attach a lien to half of his future property settlement. Also I have been paying the 1st and 2nd mortgage on the house that he abandoned over 3 years ago. Is he entitled to an even split because we owed more the day he left and of course with california real estate he could now be entitled to the equity we have earned?
4 Answers from Attorneys
Re: property division
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry. I question whether a separate civil action is appropriate. I believe the entire matter would be best litigated (or settled) in family court. Contact an experienced Family Law attorney in the county where your dissoultion is filed for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Reply: property division
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 family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: property division
You would be well served obtaining an attorney to represent you in this action. You are not going to small claims court are you? Ofcourse the judgment would come from his separate property. Call me directly at (619) 222-3504.
Re: property division
If you obtain a judgment you can then attach his share of the community property. The dissolution process may be just a little tricky. If I were handling the case I would probably ask the court to consolidate your personal injury action with your dissolution action so that it makes a real neat package and nothing slips through the cracks. It would be in the court's discretion whether they would allow the consolidation. It would be a fairly complex process and you should have an attorney. You have a lot at stake here and the security of having someone who knows how to handle the case will be well worth the costs. Good Luck, Pat McCrary