Legal Question in Real Estate Law in California
Joint Money
Me & My wife bought a house together using separate funds in it. We both brought in money that came from previously owned homes. We were in the middle of selling the home when we seperated. The house then sold. She went to court to have the funds forwarded to her account with a judge order to the escrow company to do so since the house was solely in my name as sole and seperate property. I did not dispute it thinking we would make up. We then made up and did not file. Now we have seperated and are going to file for divorce after all. Are those funds now lost as far as it being split or me getting my money back that I came in with?
2 Answers from Attorneys
Re: Joint Money
This is a very confusing set of facts. I am not sure that you understand the concept of separate property and community property.
You mention separate money from previously owned homes? Were these home purchased prior to your marriage?
Also, obviously there is already a court case involved, since a judge ordered an escrow company to forward funds to her account. I can't answer without knowing what that case involves, and what the exact nature was of the judge's order.
My suggestion: if you do not have a family law, attorney, retain one ASAP. If you already do, why are you submitting a question here? Ask your current attorney.
Re: Joint Money
Your spouse obviously is acting on the advice of counsel; why are you letting them get the best of you? Don't let love or other emotions cause you to lose valuable assets that you will need in the future.
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