Legal Question in Family Law in California
Property settlement
Husband and I went to court in 1997, but did not have final paperwork done, due to mitigating circumstances. He has not lived in the family home (owned by both of us on title) or contributed financially to home payments since February 1997. We have 3 children which all still reside in the home (11, 13 and 16). I have 100% physical custody and 50% legal custody. He pays $1,000 a month for child support and alimony combined. I wish to refinance the house (we purchased 1986 for $120,000) with a $43,000 second (interest only all $43,000 is still due) which is due in a year and a half (approx.). He has never expressed an interest in the house. He received $125,000 in an annuity from an unrelated lawsuit (prior to marriage) three years ago and he is now broke, so he wants what is legally fair of home appreciation, before he will quit claim deed. Home is now worth approx. $330,000. When we seperated we owed more on the home than it was worth. (1997 value $150,000, owed $165,000).
2 Answers from Attorneys
Re: Property settlement
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; however, here are several principles: Anything you and your husband earned, acquired, or accumulated -- both assets and debts -- after your date of separation (which presumably was set forth in the petition for divorce) is separate property. Assets are evaluated for the purpose of division and/or equalization as near to the time of trial (or final judgment) as possible. Separate property expenditures used to protect community property assets (e.g., mortgage payments) often are reimburseable. Contact an experienced Family Law attorney in the county where the divorce is pending for specific advice and possible representation on your behalf. PS -- After five years of inactivity, it is possible that your divorce action was dismissed by the court, sui sponte.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Reply: Property settlement
Your questions require more information before they can be answred.
I suggest that you spend the time to 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
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