Legal Question in Family Law in California

Property

In the year 2000 my husband and I separated because of certain indiscrestions on his part. I was under so much stress that I turned over my truck and my share of the house to him just to leave. Then we deceided to give it a second chance. Well now he wants the divorce and says that well I still have the papers from when you left before and besides the house was mine before we got married (mind you that he had added my name to the house) I was the one who took it off not him. Plus my name is still on the property taxes. He also states that I can not have my truck back, I said well if the house was yours before we got married so was my truck. I just want to know if he can use paperwork that was done before we got back together in court and plus I have been taking care of everything since he was run over by a car and now that he is getting his social security and does not need my income he feels frisky and thinks he can just push me out with no where to go. I do not make enough money to afford and apt. here in San Diego plus the house is paid off. Am I entitled to anything? Please help.


Asked on 5/09/03, 6:58 pm

4 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Property

I would say that you are probably entitled to "something", and very possibly a share of the house, however, it is impossible to give an answer without reviewing the papers that you have signed. You will almost certainly need representation on this issue and don't do anything without advice from a family law attorney who knows community property law. You could make a mistake that would cost you your interest in the house. Good Luck, Pat McCrary

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Answered on 5/12/03, 9:52 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Property

Get the agreement recinded. Call me directly at (619) 222-3504.

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Answered on 5/12/03, 7:06 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Property

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

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Answered on 5/10/03, 12:52 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Property

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. Title is not terribly important in dividing community property. It depends what kind of documents you signed and what they specifically say. You normally are entitled to half of everything earned, acquired or accumulated during the marriage.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 5/12/03, 11:39 pm


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