QUESTION
If I've been estranged from my husband for over 5 years and I bought a house with my brother, could he have any claim to it?
Asked on Mar 30th, 2014 on Divorce - California
More details to this question:
He has never paid any child support. We have a record of spousal abuse and he is serving time for burglary in the 2nd because he broke into my apartment 3 times. I have recently bought a home with my brother. My husband has not contributed anything financial to me or our son since I left him 5 years ago. Does he have any claim to the house? There is no legal separation or divorce yet.
3 ANSWERS
So that he can't even attempt to make a claim, you need to file for divorce sooner than later. As a married couple, he can request a position of the property, however, under IL law, b/c you may be able to show that he hasn't been in a relationship with you as husband & wife, he will more than likely not prevail.
Answered on Apr 10th, 2014 at 7:30 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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He has a theoretical interest in the house depending on where the funds to purchase it came from. If neither of you filed anything with the court, then no child support could have been ordered, so he is not responsible for any. Furthermore, child support is suspended while he is in prison, since he can't earn any meaningful income while in prison. File for a divorce and stop procrastinating on that. If he was abusive, what is the point of staying married to him.
Answered on Apr 02nd, 2014 at 8:32 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Any property that you acquire with separate funds or a new loan after the physical separation would be your separate property. If you have used any community property from the marriage to purchase the property then the community would have a right to reimbursement of those funds.
Answered on Apr 02nd, 2014 at 7:57 PM