Legal Question in Family Law in California

wife vs.husband in financial ruin

I plan to leave my husband a.s.a.p! Initially separate, then possible divorce. Married 4 yrs. 1 child together, & another by 1st marriage. We own a home, he pays the mortgage, his name only is on the loan, he had my name removed from the title unbeknownst to me. I want to stay in the home with our two kids and have him move out. My problem is he won't go because he says he shouldn't have to because pays the mortgage. And if he is made to go, he will stop paying the mortgage and allow will it to go into foreclosure in spite of me. What action should I take to protect my home and my credit? I am selfemployed part time and can only afford to pay part of the mortgage by myself. He is self-employed, and I have reason to believe that he is trying to show that he makes no or very little money, whereas, when business was good he was earning 6 figures.

Also, would obtaining a legal separation protect my credit? we have no joint accounts, but one credit card that he opened as a joint account. Numerous creditors are calling every day! I need help! Any advice you could give me would be greatly appreciated!


Asked on 6/28/07, 5:40 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: wife vs.husband in financial ruin

You may have grounds to get a "kick-out order." You will be requesting custody. Child support and spousal support may be available. The mortgage is another issue that may also go your way. Call me to discuss details.

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Answered on 6/29/07, 2:41 pm


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