Legal Question in Family Law in California
Separation Protection
My wife of 11 years and I bought a home last year where we currently live with our four children. The home is in both our names. I make about 70,000 per year in a professional career, and my wife only makes about 20,000 in retail. Recently, my wife and I have decided to separate. We want to keep this split peaceful and not involve courts and lawyers. The plan is as follows: I leave the house and get my own apartment and give her cash every month equivalent to about 50 to 75 percent of my net income. She agrees to allow me to have the kids 50 percent of the time as agreed upon. My friend says that even though our intentions are noble and serve the best interests of the children, if I leave the house, I may be opening myself to a world of trouble: For example, is has been stated that ''possession is ninth/tenths of the law''. If this is true, and I agree to leave peacefully, will I be giving up many rights to my house and children. Should I protect myself before going anywhere?
1 Answer from Attorneys
Re: Separation Protection
Your friend is wrong as regards the impact of you moving from the house and losing interest in the house.
You are probably overpaying support.
I would enter into a written agreement regarding the 50/50 or at least get a letter from her confirming that she is agreed that that is in the best interests of the children in her view. You'll want that for later.
Lawyers don't necessarily mean turmoil or trouble. I think maybe you guys should use a mediator, but I stongly recommend that you retain your own counsel to turn to to evaluate the mediator's positions/recommendations.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
