QUESTION

Can he make me leave if he has suddenly decided to file divorce he froze money, he owns the house we live in?

Asked on Aug 11th, 2013 on Divorce - California
More details to this question:
Hi my husband is having what I believe to be w psychotic break. We Were so happy and in love. He has always been smotheringly in love with me and taken care of me since we met. We merged accounts, sold my belongings and moved me into his condo he owns in April. I lost my job in May and we got married June 18 secretly. BC we had a huge wedding planned for October with everyone. In July after a work trip, he came home and he mentioned annulment. We talked it out I thought it had passed. Thursday, he came home laughing saying he filed for divorce. Has involved his family and he says a lawyer. I have no money, he cut off all my income, I'm pending state disability for my job loss, I have no belongings because I sold them to live with him. We are legally married in California. Is this considered a matrimonial residence where I have 50% right to be here or can he kick me out? And what are my rights to the money in the accounts? Do I have to sign divorce papers and if so how long can I drag it out? I don't want a divorce I think my husband needs help. He isn't even recognizable he is acting so strange. Please help! Thank you.
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3 ANSWERS

You need a lawyer. He can try to do all of those things. You can try a family law self help clinic? which in most counties are located in the same building as the courts in CA.
Answered on Aug 14th, 2013 at 7:31 PM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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California is a community property state whereby you would have a right to one-half of the assets bought during your marriage. That one-half would include monies both of you put into a bank account after your date of marriage until the date of separation (July) - that money would help you going forward. You were married for a short period of time. As you aren't employed, you can seek spousal support which would last for approximately one-half the length of your marriage. The condominium is your husband's separate property, as he bought it prior to your marriage. You have been married for a few months so the community would have little (if any) interest in that home. Neither party is required to move from the family residence unless by court order or three months after served with the Petition. If your husband filed a divorce, you will be served with the papers and have 30 days after you were served within which to file a Response. If you don't file the Response within 30 days, then your husband has a right to file for a default judgment and ask the court for orders for all he wants. In most communities and courthouses, there are self help clinics (free of charge) to assist with the filing of the Response and other necessary papers to protect your rights. I provide this information as you mention concerns about your financial situation. Terry Anne Buchanan Buchanan Law & Mediation Center 1000 Newbury Road, Suite 295 Thousand Oaks, California 91320 (805) 498-5655 ; fax (805) 498-5955 The information contained in this e-mail is intended only for the use of the individual or entity to which it is addressed, and may be privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Answered on Aug 13th, 2013 at 11:53 PM

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He cant throw you out unless he can get a restraining order removing you from the residence for domestic violence. As of now, there's no order confirming it's his condo. Find an attorney to respond and request spousal support and attorney fees (if you married June 2013 you probably couldn't get any support). Money earned during the marriage is joint and if some of your money is still there and if you can trace it, then you may be able to get that back.
Answered on Aug 13th, 2013 at 10:39 PM

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