Legal Question in Family Law in California
Summary of dissolution - real estate
My wife and I meet all the requirement for a summary of dissolution except the real estate requirement. The problem is that my mother had put my name with hers when she bought a piece of land two days after our marriage. We own the land under joint tendency. I believe that in the state of California, any gifts or inheritance is not considered community property. Will that allow me to file for a summary of dissolution or do I have to do it the regular way?
2 Answers from Attorneys
Re: Summary of dissolution - real estate
You do not qualify for a summary dissolution because of the real property. That does not mean that the property is community property. You should have a judgment that states that the property is not community property and therefore should not proceed to a summary dissolution. Good Luck, Pat McCrary
Reply: Summary of dissolution - real estate
Unfortunately, you do not qualify for a summary dissolution. I suggest that you have a marital settlement agreement prepared and signed by both of you, and have a qualified paralegal assistant prepare the necessary documents. I prefer to have parties see paralegals who are supervised by a family law attorney, as we do in my office. You can also get the forms filled out for free by visiting the Family Law Facilitator's Office at your local courthouse.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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