Legal Question in Civil Litigation in California

Husband abandoned family -wife wants to claim assets

Four years ago, my husband abandoned me and 3 kids (2 were under 21 at the time), and gave zero financial help since then. He at first called the kids out of guilt, then stopped all communication the last 3 years .

I am unable to sell the house or refinance it because his name is on the mortgage. Can I go to court and have his name removed so I can sell the house? We cannot find my husband, and I've tried.

What recourse do I have to put the house in my name?


Asked on 7/13/07, 1:15 am

4 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: Husband abandoned family -wife wants to claim assets

You will need to file a lawsuit for partition of the property. Partition can either result in a splitting of the property or selling of the property. In your case, partition will likely be selling the property. Once the property is sold, the proceeds are split in a manner that takes into account who has paid for the home expenses and who has not. We are based out of Newport Beach and have handled many partition actions in the past. Also, we have resources that we can consult to find and locate your husband. If we can't find and locate him after a diligent search, we can serve him by publication and then proceed with the lawsuit without him. He will essentially be out of luck if he fails to respond to the lawsuit after publication. For more details, or if you have any questions, feel free to email or call.

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Answered on 7/14/07, 11:49 am
Terry A. Nelson Nelson & Lawless

Re: Husband abandoned family -wife wants to claim assets

Contact a local divorce attorney - that's where you need to be headed.

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Answered on 7/13/07, 12:51 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Husband abandoned family -wife wants to claim assets

The first step is to dissolve the marriage. Service by publication. As there is a significant asset it may be necessary for a civil filing as well to gain title. Contact me directly.

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Answered on 7/13/07, 2:26 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Husband abandoned family -wife wants to claim assets

You should contact a family law attorney regarding a custody and support order. You can ask the court for an order allowing you to either refinance the house or sell it. This would be a much simpler and easier procedure than a law suit for partition.

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Answered on 7/17/07, 2:04 am


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