Separation

[Marcybobby]

Hi,

I live in California.

I might be contemplating a divorce for few reasons (husband has hanger issues, not violent but lots of conflicts, and has money problem which makes it impossible to plan a future).
No joint accounts we only have personal accounts.
I'm working full time, he is working part time.
I need a break and I was thinking of moving out and potentially buying my own apartment because we are renting at the moment.
I don't know if things will get better or not. I don't necessarily want to divorce just yet but I was wondering what was the best way to secure an apartment if I buy one with my own money (considering that we are married) should he sign a paper saying it's mine? Does that exist?
For that should I deal with an attorney or a notary?
Thank you!

 

[not2cleverRed]

The answers are the same as they were in August: https://forum.freeadvice.com/threads/divorce-and-assets.649323/

 

[Marcybobby]

I had other questions here: lawyer vs notary, is there such a thing as signing an agreement on his end etc.

 

[LdiJ]

I had other questions here: lawyer vs notary, is there such a thing as signing an agreement on his end etc.

All a notary does is guarantee that the person who signed a document is the actual person they say that they are.

In the other thread you were told many times that you truly need an attorney. If you had followed that advice you wouldn't need to be asking your questions here.

 

[not2cleverRed]

I had other questions here: lawyer vs notary, is there such a thing as signing an agreement on his end etc.

Again, a notary signature does not make the document legally binding.

Reminder: you have been previously told that California is a community property state. Since you have been married over 10 years, it is reasonable to wonder if the $ you would be using to buy a home would be from $ earned during the marriage.

Regardless of the separate accounts, if you have been depositing your income during your marriage into an account, that account is community property. You just have been abiding by an informal agreement to live as roommates.

The fact that none of the previous advice has really been understood by you means that you need a lawyer.

 

[Marcybobby]

All a notary does is guarantee that the person who signed a document is the actual person they say that they are.

In the other thread you were told many times that you truly need an attorney. If you had followed that advice you wouldn't need to be asking your questions here.

I had more questions and I don't have to justify myself. If you don't want to answer please don't!

 

[Zigner]

I had more questions and I don't have to justify myself. If you don't want to answer please don't!

Are you kidding? You have received answers - you just don't like what you heard.
You NEED an attorney. Being rude to the volunteers won't change that. Stop being so bull-headed about it.

 

[xylene]

I'm going to repeat my advice - in bold

buying a house (apt, condo, real property of any sort) when contemplating a divorce is unwise.

you are trying to capture some kind of stability, that's understandable - but your situation is not stable. It would be much wiser to rent, ideally short term, until your divorce is final.

You need a lawyer before you do anything, even move out.

 

[not2cleverRed]

I'm going to repeat my advice - in bold

buying a house (apt, condo, real property of any sort) when contemplating a divorce is unwise.

you are trying to capture some kind of stability, that's understandable - but your situation is not stable. It would be much wiser to rent, ideally short term, until your divorce is final.

You need a lawyer before you do anything, even move out.

Yes, your post was the specific one that I had in mind when I linked the old thread.

(Fixed it: underscoring in red to make more visible.)