Legal Question in Family Law in California

Im a merchant marine .while away at sea my wifw was exposed to having a affair...We live in the house i was raised in ..We were married only 4 years...some how she tricked my mother in putting our home in her name....when i returned home everything was taken she even put my family house in her boyfriends name and fled to North Carolina..She did file a divorce before leaving....So when I returned home to a empty house not in our name also i had a unlawful detainer.Now the house is community property ....I mean she took everything all community property out of state...


Asked on 4/16/10, 1:09 am

1 Answer from Attorneys

You need to get an attorney on this immediately. Not only do you have legal rights against her, your mother probably has an elder financial abuse case against her too. First and foremost, however, you have GOT to get an action on file to get the house back before the boyfriend transfers it to someone who doesn't know the history. If that happens the house may be gone for good, because the person who doesn't know anything might be a good faith purchaser for value. He may also take out a loan that would be a mortgage on the house even if you get it back, unless the lender knows or should have known about the illegality of how he got it. The only good news in the whole thing is that there is a California divorce pending, so you don't have to chase her to a NC court to proceed with all the other issues, and since the property is in California, you can proceed here about the house too. You probably should also file an elder financial abuse case with the police. You need to get on this right away. Let me know if I can be of any help.

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Answered on 4/21/10, 12:43 pm


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