can he get 1/2 my house?????

[LORIAMBER]

Let me be brief:
OCT 98 had a baby
JAN 99 got married
FEB 99 moved out his house
MAR 99 moved back in his house
APR 99 he assauled me, breaking my cheek bone and requiring plastic surgery to repair
APR 99 filed for divorce/child support
APR 00 found out that county clerk never recieved signed marriage certificate
MAY 99 husband told me we were not legally married beacuse we had no proof, so we didnt need to get divorce
JUN 99 beleived him
SEP 99 Recieved legal advice from friend at a party that by CA law, I was legally married beacuse the cermeony had taken place and the certificate had been signed, just not returned to the county
OCT 99- May 00 wrked with County Clerk to obtain a signature and have a Certificate
NOV 99, JAN 00, Apr 00 Pastor refused to re sign certificate(husband's cousin)
MAY 00 bought a house with a title claiming me as a single woman beacuse I Had no proof I was married to then get proof I was sepertaed
JUL 00 husband replies to petition for divorce and wants to split my house bought on May 00
Non Jury Trial set for Aug 01 in Alameda County, California

Can he get my house

 

[I AM ALWAYS LIABLE]

My response:

Of course you were married at the time you bought the house. You were there at the wedding weren't you ? There were witnesses, weren't there ? Are you going to lie, under oath, that you weren't married ?

It doesn't matter, insofar as you are concerned, whether the Marriage Certificate was filed with the County Clerk's Office. That's a matter between the State, and a problem for, the Minister. It's the Minister's problem and, if the County and / or the State wants to levy penalties against the Minister, they can, and will. But that has NOTHING to do with whether or not you were married under the laws of the State of California.

As for the house, did you buy the house AFTER separation ? If so, where did the money come from; e.g., the downpayment ? Was that money received by you BEFORE separation ?

IAAL

[Edited by I AM ALWAYS LIABLE on 06-14-2001 at 08:31 PM]

 

[LORIAMBER]

I bought the house after I was seperated. Most of the money came from my mom (90% of the down payment). Does filing a petition for a divorce, make me sepearted legally??

 

[LORIAMBER]

The money came 13 months after he assaulted me, breaking my cheekbone, and I moved out the next day, and filed for a divorce the next month

 

[I AM ALWAYS LIABLE]

My response:

Okay, then he can't touch your house. The money did not come from marital funds. In California, you don't need to file for a "Legal Separation" to be separated. While there is such a thing as Legal Separation, people usually file for that status due to Religious or Tax reasons. Otherwise, they file for divorce.

So, as long as you weren't living together (separated), and the money didn't come from marital funds (e.g., joint marital savings account), then he can't touch your house because it was purchased after you left him, and you can prove where the money came from.

IAAL