Attorney fees

What is the name of your state? California

I read that either party in a divorce is allowed to encumber his or her interest in the community real property to pay attorney fees in connection with getting the divorce.

Can anyone tell me if this is correct? ...how it works? ...where I can find more information on the subject? Is this fairly common practice or not so much?

TrlrTrsh said:

What is the name of your state? California

I read that either party in a divorce is allowed to encumber his or her interest in the community real property to pay attorney fees in connection with getting the divorce.

Can anyone tell me if this is correct? ...how it works? ...where I can find more information on the subject? Is this fairly common practice or not so much?

Click to expand...

My response:

It's very true. If the opposite were true, then people wouldn't have access to money to pay for their attorney's fees. Your further information can be found in the automatic retraining order on the Family Law Summons (on the back page, last sentence of the Restraining Order).

IAAL

It is true, BUT...
It must be evident that both parties have a clear interest in the real estate. If one of the parties has stolen assets that are part of community property the judge will not permit that real estate to be encumbered until the extra percentage of the value due the injured party is repaid. A lot depends upon the value of the property and if there are other assets to repay the wife.
In other words, if the hubbie stole 20k, and wishes 50k as his half share of the property to pay his attorney, the judge may only permit him to have 30k because he must reimburse the wife.
Needless to say, it can get very messy.