Legal Question in Real Estate Law in California

Divorce isn't final-husband bought house and took title as an unmarried man

Our divorce isn't final and my husband bought a house and took title as an unmarried man. Do I have any legal rights or responsibilities in regards to that house? Is that a crime?


Asked on 2/18/04, 1:02 am

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Divorce isn't final-husband bought house and took title as an unmarried man

If petition for divorce filed and status pending till divorce final, all assetts and responsibilities accounted for, not a real violation of anything anyone will likely care about. While his manner of taking title is questionable based on status as you noted, likely not a ultimate problem.

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Answered on 2/18/04, 11:09 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Divorce isn't final-husband bought house and took title as an unmarried man

It's probably not a crime per se, although there is a remote possibility that it is evidence of a crime or an act in furtherance of a crime. It would depend on what else happened and his intent.

Your legal rights and responsibilities depend less on what his deed says and more on the money-related facts. If he used your money or the marital community's money, or perhaps even its credit worthiness, you may have a claim on the property. It is rather unlikely, I think, that you would have any potential liability based on the facts given.

If you have an attorney handling your divorce for you, ask her or him. If not, maybe it's time you retained a lawyer.

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Answered on 2/18/04, 1:11 am


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