I did not sign a prenup.
I live in Los Angeles.
Me and my parents are still paying for the mortgage.
Please help.
2006-06-29 06:45:55 · 33 answers · asked by desperatehousewife 2 in Politics & Government ➔ Law & Ethics
California laws has a separate property law. Since you owned the property before you were married, he can not take it way from you.
http://www.nvo.com/beaulier/statebystatedivorcelaws/
2006-06-29 06:53:38 · answer #1 · answered by bikerchic 1 · 4⤊ 3⤋
I think it will depend partially on why you are getting a divorce. In Massachusetts, if you cheat, the faithful spouse gets better consideration. Another thing that could effect the court's decision is who filed first.
Do you have children? Are you moving for custody? That will help, because the court may want the child/ren to remain in the home, rather than moving to an apartment with Dad.
Overall, if you bought it, you will probably keep it.
I am not a lawyer! Just speculating. Hope that helps.
2006-06-29 07:00:04 · answer #2 · answered by beejammie 1 · 0⤊ 0⤋
I am not for sure about California but here in Arkansas, even if you own the house before you get married, your husband can take the house from you but he will be responsible for the payments. I know from experience. My ex almost took my home away from me and I owned the house outright. Is your parents name on the house along with yours or perhaps the house is in your parents name only. As I mentioned I am referring to Arkansas law, if the house is in your parents name only, he can not get the house but you will have to split everything in the house equally. Maybe there is something that your soon to be ex wants that you can trade out. Now this may sound strange, but my ex's lawyer wanted to him to force me to sell my house & give him 1/2 of the value of the home but my ex wanted something else that was more valuable to him and that was our boxer-pit mix Lady. I loved her so much and it was hard to give her to him but my father built this house for me and I knew that I could get another pet but it would be so hard to get another home. You can type into a search engine: California Divorce Law. You can find out lots of information this way without having to consult an attorney, unless you already have one. Good Luck.
2006-06-29 07:06:21 · answer #3 · answered by ~Sheila~ 5 · 0⤊ 0⤋
If you have no prenuptial agreement your husband is only entitled to half the property both of you acquired since marriage. He must then contribute to the upkeep and education of his children, according to his means. If you have dependent children and insufficient income, he must pay you alimony until the situation changes.
The above can vary according to state so go to a citizens advice bureau and ask them to recommend an experienced divorce lawyer doing free "pro bono" work.
But try your best to mend your marriage. Divorce is a terrible experience.
2006-06-29 07:14:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It's hard to say exactly but since CA is a community property state, he is entitled to HIS SHARE of the equity, not the total equity in the home. For instance, if during your marriage he was the one making the money going to the payments on the home, then he is entitled to the portion of equity gained during that period, be it big or small. IF you have been married for the last 4yrs or more, than he will be entitled to a large portion as the values have increased tremendously during that period.
2006-06-29 06:51:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Well if the house is in your family and your name and have been paying for it I would think he wouldn't get the house. But before you decide to get divorced make an appointment with a laywer to find out for sure. Good Luck
2006-06-29 06:48:48 · answer #6 · answered by **sumluv** 2 · 0⤊ 0⤋
Probably not, but you may have to buy out his share of the equity gained during the number of years you were married. Are your parents on the mortgage? That should help.
2006-06-29 06:48:11 · answer #7 · answered by bobo 4 · 0⤊ 0⤋
i could desire to appreciate greater till now I spoke up. Are you spouse selection one? Is tehre a extensive age distinction? Why does having a covenany marriage make divorce difficult and why point out that?
2016-10-31 22:27:50 · answer #8 · answered by ? 4 · 0⤊ 0⤋
If the house is in your name/ parents that would be a question you need to ask a lawyer in your area. I would not think so unless his name is on the deed and he has been making payments on the home.... good luck
2006-06-29 06:48:30 · answer #9 · answered by Yvonne 2 · 0⤊ 0⤋
Get a LAWYER! Always sign a prenump! !!! If you are making house payments you should have and continue to keep all your payment reciepts for proof.... It s too bad what is yours is yours and vice versa but you will spend a grip on a good lawyer!
Good Luck
2006-06-29 06:50:26 · answer #10 · answered by Free & Sassy 4 · 0⤊ 0⤋
If you are on the deed, I believe you can tell him to vacate the house. However, I believe California is a communal property state, so I'm not sure that will work for you. Good luck!
2006-06-29 06:48:19 · answer #11 · answered by Anonymous · 0⤊ 0⤋