Rights to Equity?

[deedee584]

What is the name of your state (only U.S. law)? California
( I have been legally seperated now for 4 years. Before being thrown out of my home and being abused verbally and physically I was convinced by my spouse to sell my premarital home with the promise of name on deed.) This home was bought during the marraige and he told me when we were in the title company that due to some credit problems with me he had to get the loan in his name and after financing would then put my name on deed. I had no reason not to trust at that point.Well he kept stalling for about 8 months and then this is where he concocted the angle of me selling my premarital home and refi this home and my name on deed. I started to make payments by check to him for what we agreed upon as my share to payments. In the MEMO area I was smart enough to put "Mortgage Marin" which is the street the home is on. This went on for 2 months and continuos argueing with him about the deed . Then he got physically and verbally abusive and even with counsel going on he threw me and my son(previous marraige) out of the home. Due to religous reasons and pastoral council many attempts were made during this legal seperation to reconcile and with him never following thru to any fruition.
Now I am done with this charade and need to know if I am intitled to 50% equity of home bought during the marraige? I have not lived in the home due to the violence but there has been continual contact thru counsel over the last 4 years. he started all of these attempts to reconcile and basically was just BS me while he set himself up finacially . I did put a lein on the house 4 years ago and it is worth alot more than paid for.

 

[Farfalla]

You are still married so the laws in your state about property and all assets still hold. The house is not the only thing that you might have claim to.

You will definately need an attorney. Interview out 5 of them. Most will give a half hour to an hour of free consulation in hopes have getting your case. You can get a lot of questions answered and find an attorney in the process.

 

[deedee584]

What are the laws in Ca I have heard alot of different answers , because of the legal seperation 4 years ago does this mean I lost 4 years of equity to this home?business, investments he's made etc.? He is trying to claim "how poorly he has done in his business and I know it is not true! I have been told he even has requested cash by his clients and alot of other finaggling to make it all look good for him. Yet he maintains the same lifestyle. His investments made during the marraige(one in particular) are they community also?Even if he has managed to move it? I do know where this investment was made and the interest aquired during the marraige?

 

[empi]

Calif is a no-fault state

Hi,
California is a no-fault state. That means that you and your husband have to equally share both assets and debts acquired during the marriage. When you file for divorce in Calif, in essence it is to reach a settlement who should get what...children complicate the divorce due to child support and custody, but other than that, if you and your husband cannot agree, the court will make a ruling. If your husband spent the money of your entitled assets, the court will rule that he reimburse you...but keep in mind that possession is 9/10th of the law...you can't squeeze blood out of a turnip as they say....you do need legal advice, and I would get it as soon as possible...there are law centers in some calif. courts where you can seek some free legal advice, but you need to hurry on this one...but then what do I know, I am not an attorney

 

[Ohiogal]

You are still married so the laws in your state about property and all assets still hold. The house is not the only thing that you might have claim to.

You will definately need an attorney. Interview out 5 of them. Most will give a half hour to an hour of free consulation in hopes have getting your case. You can get a lot of questions answered and find an attorney in the process.

No. BEFORE anyone can say that, she needs to clarify the LEGAL SEPARATION because if she is legally separated then there is a contract that became a court order that covers ALL of the property and what she is entitled to.

 

[Ohiogal]

Hi,
California is a no-fault state. That means that you and your husband have to equally share both assets and debts acquired during the marriage. When you file for divorce in Calif, in essence it is to reach a settlement who should get what...children complicate the divorce due to child support and custody, but other than that, if you and your husband cannot agree, the court will make a ruling. If your husband spent the money of your entitled assets, the court will rule that he reimburse you...but keep in mind that possession is 9/10th of the law...you can't squeeze blood out of a turnip as they say....you do need legal advice, and I would get it as soon as possible...there are law centers in some calif. courts where you can seek some free legal advice, but you need to hurry on this one...but then what do I know, I am not an attorney

WRONG WRONG WRONG if she is legally separated..

 

[Ohiogal]

What are the laws in Ca I have heard alot of different answers , because of the legal seperation 4 years ago does this mean I lost 4 years of equity to this home?business, investments he's made etc.? He is trying to claim "how poorly he has done in his business and I know it is not true! I have been told he even has requested cash by his clients and alot of other finaggling to make it all look good for him. Yet he maintains the same lifestyle. His investments made during the marraige(one in particular) are they community also?Even if he has managed to move it? I do know where this investment was made and the interest aquired during the marraige?

You were LEGALLY separated four years ago? What does the legal separation state?

If you were not legally separated then you have do NOT have a LEGAL separation per se. What you have is a separation and that can change things a great deal. However there are arguments to be made that the date of the ending of the marriage should be when you left.

 

[Farfalla]

General Information Re Legal Separation In California

Although California legal separation proceedings can be maintained on the same grounds as divorce actions, a judgment of legal separation does not terminate marital status of the parties as husband and wife. It is an alternative to dissolution and is generally sought upon breakdown of the marriage where for religious or other personal reasons the petitioner does not want the legal status relationship absolutely severed.

One very common reason to seek a legal separation instead of a dissolution (divorce) is to retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage.

A legal separation proceeding is similar to any marriage termination proceeding in that a judgment of legal separation adjudicates support, custody/visitation and community property rights and obligations under the same standards and in the same manner as a judgment of dissolution.

Unlike a dissolution (divorce), a judgment of legal separation leaves the marriage bonds intact. In effect, however, the parties remain "married" in name only, without the rights and responsibilities that attach to marital status. The parties to a legal separation action cannot enter into a new marriage unless and until the existing marriage is dissolved by death or judgment of dissolution; but the judgment finally adjudicates the financial issues between the parties, including determination of their support obligations and a division of their community estate.

After a judgment of legal separation, the parties do not acquire further community property and owe each other no spousal duties of care and support except as ordered by the court pursuant to the judgment.

The court may not enter a judgment of legal separation on a petition requesting same unless both parties consent thereto . . . except where the respondent has not made a general appearance (i.e., default cases). [Ca Fam § 2345] So, iif one spouse petitions for legal separation but the other responds with a request for marriage dissolution, legal separation may not be granted.

A judgment of legal separation does not foreclose a subsequent "status" action to dissolve the marriage. The court may grant a judgment of dissolution on either party's subsequent petition for dissolution.

http://www.kinseylaw.com/clientserv2/famlawservices/separation/legalseparation.html

 

[Farfalla]

DeeDee,

So you went to court and got a legal separation 4 years ago. Is that right? What did that paper say about the distribution of community debt and assets?

 

[LdiJ]

DeeDee,

So you went to court and got a legal separation 4 years ago. Is that right? What did that paper say about the distribution of community debt and assets?

Also, did the money you got for your premarital home go into the one purchased after you got married?

 

[Ohiogal]

DeeDee,

So you went to court and got a legal separation 4 years ago. Is that right? What did that paper say about the distribution of community debt and assets?

Which is exactly what I have been asking. because legal separation means in name only they may be married but everything else was SETTLED four years ago.

 

[deedee584]

Absolutely nothing was negotiated in the legal seperation. Just a lein was placed on the home in question. Numerous attempts to get a response from his attorney and a financial statement have been ignored. I have had 2 attorneys now of which neither have ever had no response and have exspressed this to me.Needless to say I am looking for a new attorney that can cut thru all this BS and get something accomplished. I believe I have been intitled to alimony also due to the fact when he threw my son and I out of this home I was in a disability hearing thru employment(27 year career )which I was eventually placed on during the seperation and he knew.The money from my pre marital home was to go on this home but when he threw us out we had to find new living arrangements and unfortunately everything financially spiraled downward dramatically(due to Ca real estate and resale values) and nothing is left .

 

[Ohiogal]

Absolutely nothing was negotiated in the legal seperation. Just a lein was placed on the home in question. Numerous attempts to get a response from his attorney and a financial statement have been ignored. I have had 2 attorneys now of which neither have ever had no response and have exspressed this to me.Needless to say I am looking for a new attorney that can cut thru all this BS and get something accomplished. I believe I have been intitled to alimony also due to the fact when he threw my son and I out of this home I was in a disability hearing thru employment(27 year career )which I was eventually placed on during the seperation and he knew.The money from my pre marital home was to go on this home but when he threw us out we had to find new living arrangements and unfortunately everything financially spiraled downward dramatically(due to Ca real estate and resale values) and nothing is left .

You have a LEGAL SEPARATION ORDER with NOTHING discussed? Then are you sure you were legally separated? How have you survived the last four years? You have been able to live without alimony for that long, correct?

 

[deedee584]

I had to file bankruptcy

 

[deedee584]

My spouse has manipulated this whole situation to stall ever reaching an agreement or producing anything in writing, he has spent 4 years conning me(my own stupidity) but love does funny things. How will his not producing a financial statement in the past 4 years affect his hiding funds and obviously deterring settlements? I believe NOW it was all stalling tactics to claim he has limited income available but I know different and he IS still in the home worth 500,000(lein).
He has probably converted all assets that would be traceable and hidden alot, What will a judge respose be to NOT producing a financial statement long ago?
This is not funny and very stressful. I was dedicated to trying to make my marraige work but I realize now it was all stalling tactics on his part to hide everything.So please don't be hard on me with your responses! Thanks