Legal Question in Family Law in California

My wife is cheating on me and now want a divorce so she could go live with him. We own a house& 3kids, married 13 years. I have supported her for over 10 yrs and now she has been working. we transfer house to her for credit reasons. Since she want out do I have rights to the house basically I bought it but under her name. And if I do a transfer back to me as asole owner will this backfire in the divorce.


Asked on 8/10/09, 2:40 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

First California is a community property state, that means that your income from work is 1/2 hers. Therefore you did not buy the house. Both you and the wife purchased the house with community property money. The exception would be if you had separate property funds to pay for the house, such as income from a trust fund set up by your parents, etc. The community property interests in the house is there regardless of how title in held. The court does not care that she is cheating on you. The only interest the court has in the property is whether it is community or separate and how it is divided. As for the children the court is interested their best interests. You need to consult with an attorney to protect your interests in the property and to provide the best home for the children.

Read more
Answered on 8/10/09, 4:20 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California