Legal Question in Family Law in California
My spouse bought a house with his mother before the marriage. He transferred the title to his mom after filing the summon. He claims that it's his separate property and the purpose of such transfer was to pay for attorney fee that advaced from his mom. Is that means he did not violate the automatic temporary restraining orders set forth in the summon? Thanks.
2 Answers from Attorneys
The automatic restraining orders go into effect for the petitioner when he files the petition and the court issues the summons. They go into effect for the respondent when the petition and summons are served. The restraining order prohibits the transfer of real property without court order or the other party's consent except in the usual course of business or for the necessities of life. It is irrelevant whether the property is separate or community. It sounds like to me that he has violated the automatic restraining order.
I definitely agree with Mr. Roach on this one. It makes no difference the character of the property. A court order is required.
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