Legal Question in Family Law in California

Re: Can spouse buy a house before divorce is final?

Spouse probably should not but if he/she did and community funds were used then there is a community interest in the property and the community will be reimbursed accordingly. Sounds like you may have made an investment in real estate at a good time!

You should hire a lawyer as soon as possible and close all joint accounts.

Thank you for your inquiry and do not hesitate to contact our office if you have further questions-Martin

Re: Can spouse buy a house before divorce is final?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The law assumes joint management and control of community property until a court says otherwise. When you file the petition for divorce, the court clerk issues a summons (which you actually prepare). The summons includes Automatic Temporary Restraining Orders (ATROs) with regard to community assets and liabilities, et cetera, which place limits on what either of you can do. Incidentally, it is perfectly acceptable to use community assets to retain legal representation at any time.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.