What is the name of your state (only U.S. law)?CaliforniaI live in California. Got married in 2000. Wife walked out in 2008.My wife didn't work during the 8 years she lived in my house that I purchased before we were married. My wife also had horrible credit so all credit cards/and the 2nd mortgage on my house are in my name. I should also mention that she withdrew 70,000 from our savings acct without my knowledge a few months before she walked out, This money was from the sale of another property i owned before we were married...but sold a few months after we were married. I actually cleared 90,000 profit from the sale of that property..i took 20,000 and purchased a 13,000 mustang for her and a truck for myself(5000.00) and deposited the remaining 72,000 in a joint savings acct for which she never contributed one dine!
When I realized the money was gone... I questioned her about it and she stated that she took the money because she felt that it was owed her for all the hard work she put into the house over those eight years. However she failed to mention the 50,000 dollar refinance she took out on the house to do this DIY remodel which she never completed...leaving the house and my finances in a worse situation then before we were married. My only saving grace here is that when she applied for refinance ..the bank told me that because her credit was so bad..that the only way to get refinanced was to take her name off via quick claim deed. So she quick claimed to house to me...
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When she left..we made a verbal agreement not to use anymore credit cards..and she gave me the stack of cards in her wallet...some of which i had no idea of there existence. Since my wife paid all the bills and handled all the banking...I really didnt know how much debt i was actually in when she left..as she knew my date of birth...ss#, etc.. My point here is that all assets acquired during our 8 years of actually marriage(living under the same roof)were purchased by me...and when she left....she took just about everything we had bought, her.car,..jewelry,furniture, etc. Leaving me all the dept! And now that it has been 5 years since she left...those marital assets have either been wrecked or sold by her.
Last year i was sued by a major cc company for $12,000.This dept was incurred by my wife after she walked out, however since the cc acct was opened while she was still in my house...(2006)and because I never got a legal separation from her to protect myself...they came after me once she defaulted on the card payments...keep in mind that she had been making the payments and re using the account up until 2011 when she stop making payments...Balance on the card when she left in 2008 was 0.
I recently settled with cc company for 5 grand. And now i want to finally divorce this woman before other dept's she has incurred start popping up.
I am now retired and on a fixed income(social security)and I am attempting to file for this divorce myself since i cant afford a lawyer. I dont think my wife will contest the divorce with regards to community property split...because there isnt any. I still own the house we lived in..but with the refinance and the drop in property values..there isnt much equity there if any..plus she did quick claim the deed to me when we did the refi. So now that u have a little history with regards to our marriage...my question is on form 140 or 141 ..it asked if there are any marital assets or debts..and I was going to simply so no to both and to make things short and simple...or should I go ahead and list my house as separate property and claim no debt?
When I realized the money was gone... I questioned her about it and she stated that she took the money because she felt that it was owed her for all the hard work she put into the house over those eight years. However she failed to mention the 50,000 dollar refinance she took out on the house to do this DIY remodel which she never completed...leaving the house and my finances in a worse situation then before we were married. My only saving grace here is that when she applied for refinance ..the bank told me that because her credit was so bad..that the only way to get refinanced was to take her name off via quick claim deed. So she quick claimed to house to me...
.
When she left..we made a verbal agreement not to use anymore credit cards..and she gave me the stack of cards in her wallet...some of which i had no idea of there existence. Since my wife paid all the bills and handled all the banking...I really didnt know how much debt i was actually in when she left..as she knew my date of birth...ss#, etc.. My point here is that all assets acquired during our 8 years of actually marriage(living under the same roof)were purchased by me...and when she left....she took just about everything we had bought, her.car,..jewelry,furniture, etc. Leaving me all the dept! And now that it has been 5 years since she left...those marital assets have either been wrecked or sold by her.
Last year i was sued by a major cc company for $12,000.This dept was incurred by my wife after she walked out, however since the cc acct was opened while she was still in my house...(2006)and because I never got a legal separation from her to protect myself...they came after me once she defaulted on the card payments...keep in mind that she had been making the payments and re using the account up until 2011 when she stop making payments...Balance on the card when she left in 2008 was 0.
I recently settled with cc company for 5 grand. And now i want to finally divorce this woman before other dept's she has incurred start popping up.
I am now retired and on a fixed income(social security)and I am attempting to file for this divorce myself since i cant afford a lawyer. I dont think my wife will contest the divorce with regards to community property split...because there isnt any. I still own the house we lived in..but with the refinance and the drop in property values..there isnt much equity there if any..plus she did quick claim the deed to me when we did the refi. So now that u have a little history with regards to our marriage...my question is on form 140 or 141 ..it asked if there are any marital assets or debts..and I was going to simply so no to both and to make things short and simple...or should I go ahead and list my house as separate property and claim no debt?
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