Legal Question in Family Law in California

Re: separation rights to property

Why not make certain your respective interests are protected. You apparently have reasonable assets and need to see an attorney.

Re: separation rights to property

It appears that you folks are separating and will possibly divorce. If indeed that is so, then you should immediately initiate the process. There is absolutely no point in muddying the waters which will only make the dissolution more complicated later on thereby costing more money in legal fees and costs.

Dividing money now while you are not separated really give lawyers fodder for argument. If your mother is not drawing a paycheck then one has to ask why. Who will have custody of the children? Who will then be ordered to pay child support? (absent good reason, probably you if you are the sole earner.) Is either party entitled to spousal support, etc, etc.

I strongly advise that you retain a family law attorney to protect your rights.

Regards, Damian Nolan

Re: separation rights to property

Neither would lose property rights by moving inot a guest house. What you have suggested is fair, however, without a written agreement and a court order you are creating a lot of problems for lawyers to argue over in court concerning what you intent was to all of your actions. You should file for a dissolution and then prepare a written agreement concerning exclusive use and possession of what part of the property and who is going to pay what bills. You will then save yourself a lot of lawyer fees arguing over the legal rights and responsiblities of each of you. Good Luck, Pat McCrary