I am thinking about having a legal seperation with my husband instead of divorce,just want to give us a last chance to see if we can work it out.However, my husband has a property which he brought before marriage.People are telling me that if I don't file for divorce, he has a chance to transfer the property to another family member so that to avoid paying my share.A lawyer told me that I am entitled to the difference in the value of the house in the years of marriage. Once I filed for divorce, he cannot transfer his property because the court will send out a restrictedly order.I wonder if he can transfer his property to someone else during the seperation, if i just file for legal seperation.Will there be a court restrictedly order on the property?We live in California.Hope someone can answer my question.......
2007-03-27 10:49:01 · 9 answers · asked by someone 1 in Politics & Government ➔ Law & Ethics
anything (cash, land, antiques) brought into the marriage, bought before the marriage stays the property of the individual it originally belonged to
2007-03-27 10:57:27 · answer #1 · answered by Mopar Muscle Gal 7 · 1⤊ 0⤋
You risk absolutely nothing with a legal separation compared to a divorce. The only difference is you cannot re-marry if you are legally separated. In a legal separation, you address all the property issues. If you're concerned about transfer of property, put a prohibition against it in the separation decree. I will tell you I've done a few legal separations and they all ended up in divorces anyway, but perhaps yours will be different. All the paperwork is the same except the final order grants a legal separation instead of a divorce. You still execute a marital settlement agreement that addresses the property, debts and children.
2007-03-27 10:58:44 · answer #2 · answered by David M 7 · 0⤊ 0⤋
In california you have what is called the Community property law. This law states that all the assets of the H & W is community property they own the assets as a community, But all assets before marriage is regarded as sperate property unless there is Transmultation( the transfer of prpty from seperate prty to community prpty).
Here you husband owns the house as his seperate property(sp). But so long as he used money from salary earned during marriage to pay the mortgage you have an interest in the house.
The court will consider how long you guys have been married and what amount of the Loan is being paid for with community property.
With regards to Divorce Or Legal Separation.
legal separation establisheds the end of a community. hence whatever money or asset acquired at that time is SP.
Really you need to talk to a lawyer this is a very complicated issuse. Your lawyer has a lot of questions to ask you .
2007-03-27 11:42:56 · answer #3 · answered by luxlugger 1 · 0⤊ 0⤋
I'm a native Californian. Unless some laws have changed since the 1990's, then you should file for a legal separation ASAP & that should put a freeze on ALL assets & transfers until you have a court date for the divorce. Trust me, if it has gone this far, then you SHOULD just file for divorce, because the trust is gone. Yet, if you do file for divorce first, then it gives your husband the upper hand in negotiations, because he will argue that it was YOU & not him, that wanted the divorce. Go to counseling & get some things straightened out BEFORE you file for divorce. To protect yourself, you need to at least file for legal separation, but don't think that it will stop your spouse from screwing you out of a monthly payment. Mine pulled a fast one by leaving our joint account open & opening a new account with his name only & this was fine by CA law. I had to prove that half was mine. I was the first wife & we started a business that was successful & we had children. I settled too quickly & against the advice of my lawyer, but my ex knew he had the upper hand because he controlled the money & the property because I was not knowledgable in the ways of divorce lawyer schemes. The second wife ended up getting everything that I left behind for the children, yet she had no children & took the rug from under him! All he had left was the house that he purchased BEFORE he married the second wife. Everything that they bought while they were married became 1/2 hers. If you can prove that you paid into this house, then you can recoup some of the money, but it's going to cost you in legal fees & time. You should have had a prenup in place to avoid this type of thing. If he does transfer the property before you file, then you can mention that as a reason for leaving when you get to court. He would be a fool to make a move like that. Talk to a Lawyer & don't move out until you get some good sound advice. Good Luck.
2007-03-27 11:10:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
What happens if a couple have been separated legally for 21/2 years and have a custody agreement where the children reside with the husband and his parents 4 days a week. Then the father passes unexpectedly? Does the ex get his estate, although it would only be Bank account, and vehicle. Also does the Grandparents still have to have their grandchildren the 4 days a week and mother the 3 days? No Will has been found.
2015-08-14 14:03:25 · answer #5 · answered by Jacky 1 · 0⤊ 0⤋
During legal seperation as well as marriage neither spouse can dispose of any large amounts of property or money to avoid divorce proceedings, so if even if he does he will have to prove to the courts what happened to the property. He could be ordered to pay half of the value to which youre entitled anyway even if he didnt sell it but rather hid it among family members. So its not really worth getting rid of it out of spite
2007-03-27 10:57:38 · answer #6 · answered by Arthur W 7 · 0⤊ 0⤋
im not from california, so im not sure. but if you are thinking abt working it out, dont let possessions and money cloud you mind over the love you may or may not have for each other. talk to your husband. maybe you two could just take a break from each other, without the hassle of separations and divorce, then if it doesnt work out, file for divorce. where i live you go thru a legal separation while in the process of your divorce, therefore you are legally separated from the time you filed til the divorce is final. we go to court, the judge sets the ground rules and they remain until the actual divorce goes thru.
2007-03-27 10:57:33 · answer #7 · answered by jane 2 · 0⤊ 2⤋
These types of laws vary from state to state. Why not ask your attorney? He/she would be the best source and knows what is in your best interests.
2007-03-27 10:53:47 · answer #8 · answered by Anonymous · 0⤊ 1⤋
If he owned the property BEFORE you were married, you have no claim to it.
The only claim you have is on the things accumulated DURING the marriage.
2007-03-27 11:35:22 · answer #9 · answered by Anonymous · 0⤊ 1⤋