• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Married man Sole & separate property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jobar@direcway.

Junior Member
What is the name of your state? California

I have filed for divorce from my husband. We have two homes one is in his name as sole and separate property (on the deed).

He has the home in escrow, however I filed before he accepted an offer. The home was aquired during the marriage. He refuses to tell me which title company is handling the escrow. I know he is going to try and get a bridge loan and take most or all of the equity. since California is a community property state is title obligated to get a quit claim deed from me or will he get away with it?

He has already taken $50,000 out of the equity in the other house and $40,000 from the sale of a third house and has blown through the money in 4 months.

Any suggestions or info would be appreciated.
 


LdiJ

Senior Member
jobar@direcway. said:
What is the name of your state? California

I have filed for divorce from my husband. We have two homes one is in his name as sole and separate property (on the deed).

He has the home in escrow, however I filed before he accepted an offer. The home was aquired during the marriage. He refuses to tell me which title company is handling the escrow. I know he is going to try and get a bridge loan and take most or all of the equity. since California is a community property state is title obligated to get a quit claim deed from me or will he get away with it?

He has already taken $50,000 out of the equity in the other house and $40,000 from the sale of a third house and has blown through the money in 4 months.

Any suggestions or info would be appreciated.
If you don't have an attorney you REALLY need to get one.
 

vonderin

Junior Member
Separate property

I am not an expert but I also filed for divorce (I live in L.A., CA) and we have various assets that are in my husband's name alone but they were acquired during the course of our marriage and community property.

When you filed for divorce your husband rec'd a subpoena which I'm assuming he signed. It is my understanding that what he signed is a court order restraining him from selling or purchasing or doing any of that type of activity regarding any of your assets until the divorce is settled and both of you agree what is owned by the community and what is separate. If he is doing this type of activity he is breaking a court order and your attorney should have contacted his attorney who should advise him to stop. My husband did something like that, sold something and told me about it after the fact. My attorney came down on him hard and the proceeds ended up in a blocked bank account.

I wouldn't waste my time trying to deal with the title company (you can find that out by the way, it's public information). You need to have your attorney nip it in the bud with his attorney. If they fail to comply it's my understanding you can go into the court and get an order.

I am not an expert at this stuff. do not take my word for any of this information. this is only my own personal experience and my own interpretation of what is taking place.

Isnt it amazing that you can be married and living with a man who becomes a conniving, lying, sinister, ugly, apeman during the process of a divorce? Creeps. :p
 

fire1ss

Member
It goes both ways

" Isnt it amazing that you can be married and living with a man who becomes a conniving, lying, sinister, ugly, apeman during the process of a divorce? Creeps." Obviously you haven't met my ex-wife. :rolleyes: But she became that way during the marraige. It works both ways. :p
 

vonderin

Junior Member
Cheers!

You are absolutely positively right. A moral basis, ethical beliefs and honest behavior knows no gender. I know what you are going through. Maybe your wife and my soon to be ex would make a good pair. :D
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top