I have finally terminated a ugly 17 year relationship with my former girlfriend,who during that time gave birth to our 3 sons. She has now placed a bogus restraining order keeping me from our children and my home. We go to court in aprox 1 month on the restraing order and the attached issues of child custody and support issues. What are her rights to the property I as a single man purchased and presently am paying morgage on. After dealing with her long and current dependency on illegal drugs and legal matters that go along with them I finally had a enough. We now both have domestic violence on our records. It didn't help that for a brief time I turned to acohol as a way of coping. I took on most of the responsibilities of a married man but I always made it clear that I did not and was not going to marry her with all these ixisting problems that never seemed to go away. HOW LONG CAN SHE KEEP ME AWAY FROM MY OWN PROPERTY? IS SHE LEGALLY INTITLED TO ANY OF IT?
2006-06-21 08:48:36 · 7 answers · asked by robynrenee38 1 in Politics & Government ➔ Law & Ethics
If you can demonstrate that the facts are as you say, the court will rule that she has no right to your property. There is palimony in CAlifornia (various rights gained through a marriage like relationship) but if you can show that you made it clear there was no marriage-like agreement, than she has no such claims. Even with such claims, she probably would have no right to the house.
However, believing facts to be a certain way, and being able to prove to a court faced with different facts are two different things.
How long can she keep you away? At least until the hearing, and probably a bit longer, even if you can prove your versions of the facts.
But look -- you have a lawyer. Get your advice from him or her, not from random Yahoo posters. If you don't have a lawyer, then you have no chance.
Now -- you will have to pay child support. And it is unlikely you will get custody of the child, to raise an issue youhaven't asked about.
2006-06-21 08:54:22 · answer #1 · answered by C_Bar 7 · 0⤊ 1⤋
You may have some standing ground knowing the fact that she was using drugs. If you were the bread winner, and california being a common-law state - it can be 1/2. I am not a lawyer and I am not sure - but I have heard things. You can have full custody of the kids which would save you money on child support. I would talk to lawyer for one hour and ask him a few questions.
2006-06-21 08:55:30 · answer #2 · answered by ? 1 · 0⤊ 0⤋
Start thinking in terms of your children. You made a mistake (actually, several) and you can't do anything about the past, now. State of California will do what's best for the children, and so should you. Just because you end it, doesn't mean that you're done dealing with your bad choices. I would definitely get a lawyer, and let the lawyer, who is devoid of all of this emotion, get it done. In the future, if you want rights, try marrying the woman. It's O.K. to bring 3 children into your f'ed up life, but not O.K. to marry her?
2006-06-21 08:56:29 · answer #3 · answered by hichefheidi 6 · 0⤊ 0⤋
I am sorry to here that u are having that problem yes she is allowed to restrain you from your kids because you have domestic violence you should call her and explain to her it is not fair that she is restrainig you and you should try to get custody too or at least half a week and if that doesnt work write me back At Missrayrae@yahoo.com ohhhhhh yea do you even have a lawyer
2006-06-21 08:57:17 · answer #4 · answered by missrayrae 1 · 0⤊ 0⤋
move to another state and set up residences for 6 mo. or 12mo. in some state are be ready to take everything you will be support her til you die
2006-06-21 09:21:50 · answer #5 · answered by lazymutts3 2 · 0⤊ 0⤋
youre only worried about your property, ummm what about your kids?
2006-06-21 08:54:26 · answer #6 · answered by Gucci 1 · 0⤊ 0⤋
you are screwed
2006-06-21 08:53:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋