Legal Question in Family Law in California
Property division in divorce
My husband and I will be divorcing. We purchased a house less than a year ago. Due to my credit status the house was bought in his name only. I had to sign a quit claim. Up until last month I paid the house payments through my personal account. I also paid for most of the required renovation out of my own account. My husband put the house up for sale and it is now in escrow. Is there any way for me to at least get the money I put in to the house back?
4 Answers from Attorneys
Re: Property division in divorce
California is a community property state. All property acquired during the marriage is community property. I need more facts... but I think you are entitled to half -- but you will have to contest. Contact me, I would be pleased to represent you faithfully.
Sincerely,
Christopher Brainard
Attorney
Law Offices of Christopher Brainard
310-266-4115
www.christopherbrainard.com
Reply: Property division in divorce
You can apply for an ex-parte order freezing the distribution of the sale proceeds until your community property rights have been determined.
I suggest that you immediately consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Property division in divorce
Unless you are on title, which I am quesing that you are not, you must act quickly to stop the sale to a good faith bona fide purchaser. You need to get to divorce court immediately via an ex parte hearing if necessary. Call me directly at (619) 222-3504.
Re: Property division in divorce
Property purchased during marriage is community. Does not matter who's name property taken in. So, increased value, community monies used for purchase, repair, etc., should be shared. If used your personal assets, you should receive those back in their entirety. However, if what you consider to have been yours, was actually income or monies received during marriage, they are community assetts, not separate.
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