QUESTION
Should I be worried about losing half the house if divorce is final?
Asked on Jul 18th, 2016 on Divorce - California
More details to this question:
My ex-wife divorced me. I did not contest the divorce since all she wanted was her things and to leave. She signed over the house to me. The divorce was final in April 2016. Now she has decided she wants half the house. Can she do this? Is the court going to give it to her? She is trying to get me to just give her the money. But she wanted the divorce and I put up no fight and now I feel if I give her anything all she will do is ask for more. What do you think? I am not paying any spousal support by the way either.
2 ANSWERS
I'm not sure of your situation. Is she trying to set aside the judgment in your divorce in order to get the house divided between you? Did she waive her interest in the house in the divorce judgment? Was the house acquired by the two of you from earnings acquired during marriage or from some other source? There are lots of unanswered questions. My advice: Get yourself to an experienced family law attorney in your area who can look over the divorce papers and anything else you may have concerning the house. There is a risk that she can come back and make a claim on it but no attorney can answer your question until all the paper work has been reviewed.
Answered on Aug 17th, 2016 at 8:42 PM
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More information is needed about the state of the title. It is possible that her signing the deed will be a conclusive transfer of her community property interest to you. It may also be important if the house is mentioned in the judgment or not. Your best approach is to have an attorney review the deed and judgment and probably wait to see if ex-wife takes legal action.
Answered on Aug 17th, 2016 at 11:50 AM