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property settlement and child support

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S

sadsack

Guest
My current husband and I are divorcing. We lived together for 6 years.I bought out my ex-husband in 1995 and moved back into the house. I put my fiancee on title to my house in 1995 when we refinanced. I got ill in early 2000 and had to file bankruptcy. They advised me to Homestead in my name only. I did before we got married.My fiancee did not file for Homestead . We finally got married in August,2000. Now that we are divorcing does he have rights to my house?I bought the house in 1986 with my ex-husband.
Also he claims I will have to pay child support for his two children. We did not have any children together and these are from his prior relationship. I can't find anything in California law that says I would have to.He was given full custody of both of these kids. My name is not on the court order.
 


I AM ALWAYS LIABLE

Senior Member
sadsack said:
My current husband and I are divorcing. We lived together for 6 years.I bought out my ex-husband in 1995 and moved back into the house. I put my fiancee on title to my house in 1995 when we refinanced. I got ill in early 2000 and had to file bankruptcy. They advised me to Homestead in my name only. I did before we got married.My fiancee did not file for Homestead . We finally got married in August,2000. Now that we are divorcing does he have rights to my house?I bought the house in 1986 with my ex-husband.
Also he claims I will have to pay child support for his two children. We did not have any children together and these are from his prior relationship. I can't find anything in California law that says I would have to.He was given full custody of both of these kids. My name is not on the court order.
First, the house :

It didn't matter whether or not you put your current husband on the title of the house in 1995. Under California community property laws, your current husband would still have been, and still is, entitled to a "Moore-Marsden" calculation of his community property share of the new value of the house - - starting in 1995 to the present. E.g., if the house was worth $100,000.00 in 1995, and it's now worth $125,000.00, then his 1/2 share of the community assets to the house will be approximately $12,500.00, minus certain costs. The only thing you did wrong for yourself by placing his name on the mortgage was that this now requires him to sign any papers to sell or refinance the house. You could have refinanced the house into your name, only, in 1995 - - you didn't "need" to put his name on the mortgage.

Insofar as "his" children are concerned, he's blowing smoke up your dress. California does not make a step-parent liable for another spouse's children (except in EXTREME, and DIRE circumstances). But, there is no court that will make you responsible for his children.

IAAL
 

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