Legal Question in Family Law in California
Property Division/Alimony
My wife was a homeowner when we married. Since then, she re-financed her house. Is the house now considered community property under California law?
I am on total Social Security Disability. Will my wife be expected to pay alimony?
4 Answers from Attorneys
Re: Property Division/Alimony
The rule is that if both of your names are on the title it is presumed to be community property. However, she will be entitled to be reinbursed for the value of the house at the time it was refinanced.
Each case is different therefore you should contact an experienced family law attorney.
Reply: Property Division/Alimony
It is not possible for me to answer your questions given the information that you have provided. 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. I can also offer you a complimentary telephone appointment to discuss your specific issues.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Property Division/Alimony
if you can email me directly a more detailed overview on your factual situation in respect to your question, i may be able to provide you with further legal assistance in respect to your community property and support questions you raised.
Re: Property Division/Alimony
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. Re-financing alone is not enough to transmute real property.
Spousal support is based upon "need" and "ability to pay." You be the judge.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.