Legal Question in Family Law in California

I've been separated from my husband for 3 years. He stayed in the house and I was forced to move out and rent...well chose to when he said he wouldn't leave the home. He is trying to sign a contract to have the home loan modified but he can't do it without me because I'm on the loan and the deed. We are in the final stages of filing for divorce, we now have to serve each other with the memorandum to set for the court date. I believe he is going to ask me to sign something to allow for the home modification, but I don't know if I should so close to the divorce. I signed for a home equity line of credit before our separation and that was a huge mistake and I just don't want to make anymore bad moves. After 20 years of marriage and both of us working all of that time, he still believes that everything in the home that we bought is solely his and I want to make sure that I'm making the right moves. I can't afford an attorney now because I was laid off of job of 10yrs.


Asked on 6/09/10, 6:16 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

First of all, you can always afford a lawyer. Family Code section 2030 provides that a divorce court can order the wealthier spouse to pay the needier spouse's attorney's fees based on needs and ability to pay. I have seen many attorneys take divorce cases for a small fee until fee orders can be put in place. If you haven't talked to an attorney who knows what Family Code section 2030 is, you have been wasting your time.

I would strongly recommend that you do not sign away your interest in the house. He will argue that your signature of a quit claim or interspousal transfer deed was a transmutation into his separate property. I have seen a lot of trial judges rule in the favor of the separate property claiming spouse, even though there is case law that states it is supposed to create a presumption of undue influence.

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Answered on 6/10/10, 7:19 am


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