Legal Question in Real Estate Law in California
Rights of an Ex wife?
My boyfriend (whom I live with) is having a problem with his Ex wife. She is ask him to take out a second on his house to pay her 20,000 to sign her name off the title. Now she only lived in the house for 2 yrs. and she is remarried, he has been here for 25 yrs. and purchased the house or the down with his workman's comp. settlement. He is still collecting workman's comp. Does this woman have any legal rights in a court of law to ask for this?
2 Answers from Attorneys
Re: Rights of an Ex wife?
The answer can probably be found in their divorce decree (dissolution judgment), which is a public record. Also, your boyfriend should have a copy. The court should have either made an order adopting the couple's marital settlement agreement or an order making findings and dividing the property based on the community interest it found.
The findings and orders of the court handling the dissolution would be controlling.
The time limit to contest a dissolution judgment is one year for most reasons.
Occasionally the court will retain jurisdiction over certain aspects of a dissolution or make special orders for future disposition of a family home (for example, where there are children living in the home). This is a bit unusual.
In any case you should find the answer to your question in the judgment. If there is anything in it that you don't understand or seems wrong, ask a family-law attorney to explain it or investigate for you.
Re: Rights of an Ex wife?
It would depend upon whether the house was owned at the time of the parties divorce, whether the divorce decree dealt with the house, and, if so, what that decree says.
Your boyfriend should gather up all of the documents he has which relate to the house, and to his divorce, and set up a consultation with an attorney in your area. Only after looking at all of those documents and speaking with your boyfriend could an attorney fully answer your question, or advise on the best course of action for your boyfriend to take.