He is sueing me over my home. My husband is in jail for domestic violence. I served a restraining order on him. He served me divorce papers and an order to show cause to sell my house at the hearing for the restraining order. His bail is set at a 1,000,000. The house is my seperate property from before we were married. We've been married since Feb. Does he have any rights to my home? Help. I've looked this up in California law and it says seperate propety is seperate propety. I don't have the money to hire a divorce lawyer and I've done the paper work myself. I do live in California. I can give more information if you need it . Thank you for helping me with this problem.
2006-12-15 14:44:40 · 4 answers · asked by toomuchfun2006 1 in Family & Relationships ➔ Marriage & Divorce
I am not a lawyer but I have been through a divorce...I think as long as its not in his name and you had it before you were married....that it is your property...can say that he is only staking claim so he can use the money to bail himself out...fight for it_
2006-12-15 14:55:11 · answer #1 · answered by Chickybabe 6 · 0⤊ 0⤋
If I understand you correctly, you have been served with a Motion and Order to Show Cause as to why the court should not order you to sell your separate home. This means that the other side is trying to have a hearing in front of a judge on this question - should you be forced to liquidate your home. Whether or not your home is part of the marital estate should be determined as part of the divorce process. Without more information it would be impossible to determine why the other side might believe they have a reason to have the house issue determined outside of the divorce process. If you cannot afford a private attorney you really need to investigate having a low-cost, legal-aid type attorney represent you in this matter. While generally separate property remains separate in CA (especially in such a short marriage), you don't want to risk your home by going it alone if the other side has an attorney. Please do a web search for low cost attorneys in your area or contact the local State Bar Association office for some referrals. Good luck.
2006-12-16 02:47:40 · answer #2 · answered by CV 3 · 0⤊ 0⤋
you're no longer getting screwed over and in case you hearth this attorney and hire yet another one, no longer purely will the hot attorney would desire to back down and would charge you for it you will additionally look such as you're unreasonable to artwork with contained in the eyes of the court docket and be at a disadvantage. He has each ideal to hold off on persevering with your case until you pay greater. The DA will do no longer something on that that could be useful you. He can coach he billed your hours previous the preliminary $3000. Your attorney gave you an estimate in line with what you advised him contained in the beginning up. look at it like a bathing room re-type - everyone can quote you a cost, yet as quickly as you get into it and comprehend the pipes are rotten - it is going to fee greater desirable than you initially concept. in the experience that your husband has stalled on issues, if his attorney is annoying to attain, if greater mandatory to be achieved on your case than initially concept, the cost is going up - it incredibly is purely what happens in contested divorce situations. arise with the $3000 and get your divorce settled. do no longer change criminal specialists and don't attempt to take criminal action against your contemporary attorney as he will withdraw out of your case, and you have an incredibly annoying time getting everyone else to take your case, as legal specialists consult with a minimum of one yet another - and in case you carry a frivolous action over a criminal invoice - no one is going to choose directly to signify you. be careful.
2016-10-05 09:13:08 · answer #3 · answered by ? 4 · 0⤊ 0⤋
If your husband is unable to look after himself financially he has rights on your property in case you divorce him. You are responsible for his survival until he is in a position to earn.
2006-12-15 14:54:52 · answer #4 · answered by rams 4 · 0⤊ 0⤋