Legal Question in Family Law in California

I will ask this again and I am asking for California, not for Canada so please answer the question and I was told I could get this answered here, been married for 14 years and have been on title for mortgage for that time. bought house after married. if go off title -will I still be entitled to half the property if get divorced. please answer this as you site says, don't want to have to contact management as you should have answered this and please don't make me repost this again!


Asked on 2/06/14, 8:27 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

And you are not answering any of our questions, just threatening people like a terrorist. This is a very poor communication skill for someone in our modern age. Here are the questions again, since you appeared to have missed them:

1. Where is the property located? California does not use mortgages, we use deeds of trust.

2. How is title currently held? What instrument do you plan to use to transfer title?

3. Are you aware that there may be tax consequences?

4. Is there a prenuptial agreement? What is going to be the source of funds used to pay the new encumbrance if you go off title?

More questions may arise as you provide additional facts.

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Answered on 2/06/14, 8:35 am

You seem to think "go off title" is some clear specific thing. It is not. As Mr. Roach indicates, your question raises too many collateral questions to give a reliable answer. This is not something you can get a quick internet answer to. The exact details of your situation and the history of ownership, debt and payments on the property, as well as any existing and/or contemplated agreements between you and your spouse, and the reason(s) you would be giving up record ownership, would have to be evaluated and considered in order to give you a correct answer.

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Answered on 2/06/14, 11:46 am
Kelvin Green The Law Office of Kelvin Green

I suggest that you go ahead and contact the management of this website and complain that we did not give you specific legal advice on a free website without providing any facts and not having an attorney client relationship with any of us. You are entitled to a reimbursement of community funds expended on assets. You gave us a generic question, I can give you an accurate generic answer based in the detailed question you wrote. Pay the money, hire an attorney and have them review everything.

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Answered on 2/06/14, 6:40 pm


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