Legal Question in Family Law in California
I have recently filed for divorce. I found out that my husband has not been paying the mortgage as a way to negotiate for custody of our children. He has given me an ultimatum, if I move out of the house, the mortgage will be paid up to date. If I stay, then we will lose the house and walk away with nothing. I have two minor children, 15 and 17-1/2. What are my options?
3 Answers from Attorneys
When you filed you should have requested to have him removed from the house. He is under a TRO preventing him from transferring assets. Losing the house by not paying the mortgage is in violation of that order. Take the matter to the judge. Contact me directly at 619 379-6400.
I disagree with the other attorney. Failing to pay the mortgage causing the loss of the house is not a violation of the automatic restraining order. I speak with some experience as I recently prevail on a published appeals decision involving the automatic restraining order. You need to file a motion to obtain child and possibly spousal support so that you can receive enough money to make the payment. There are many options and you should talk to an attorney who has experience. Feel free to call me, tell my office that I offered you a free consultation. Good Luck, Pat McCrary
Your option is a motion in court before the Judge to receive child support and spousal support. Then you can manage the money and pay the bills in your best interest. Husband is trying to manipulate the situation. He must not be allowed to dictate and control your financial life.
Law office of Ilona Antonyan
Gerald W. Hokstad CFLS
121 Broadway #334
San Diego, CA 92101
619-696-1100
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