QUESTION
My husband bought a house for us while we were married, am I entitled to half?
Asked on Feb 23rd, 2013 on Divorce - California
More details to this question:
We were married when he bought our home but only put it in his name because the payments would be lower. That’s what I was told. I want a divorce because he is a narcissist and violent. My daughter and I left a week ago because of his violent acts once again. I did not report it yet but I do still have all the marks. We are in the middle of selling house and moving. Now he insists that I get nothing.
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to file for divorce immediately. Before the house is sold.
Answered on Feb 26th, 2013 at 7:46 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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It depends upon the source of the funds utilized to purchase and pay the debt service on the property. The burden will be upon your husband to prove that he used his own separate property for this. You should see an attorney immediately so that a lis pendens can be recorded against the property to protect your interest therein.
Answered on Feb 26th, 2013 at 1:14 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Get a lawyer. You need to make sure house sale proceeds go into a trust account and not to him until the court makes a decision as to how much you are entitled to.
Answered on Feb 26th, 2013 at 1:13 PM
With the house bought during marriage if paid for with current income then the house is community and you are entitled to a share. You need to report the abuse, seek a restraining order and then see a family law attorney or facilitator to assist you with the dissolution.
Answered on Feb 26th, 2013 at 1:13 PM