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Family Law/Real Estate

Sent to Legal Experts July 28 2005 at 6:59 AM
   

Family Law/Real Estate Question
My alcholic husband of 9 legal marr yers and I have 2 sons age 12 & 9. We just sold and bought another home. The new home loan is in my name only, but he pays it. I stay at home with the boys. The deed is in my name as sole and separate property to me. I need to leave my husb becuse of his drinking. Can I sell,take all the monies, move and relocate perhaps to another state close, as a single parent getting back into the job mkt it would be very hard to reinvest adequetly here. I only want to protect both the boys emotional and finacial future by taking all that is in the sell of the home. We live in California ! (My husband would squander his portion)And....can I still divore or separate and request, spousal & child support ? This home is to be left for the boys. Sure, we could stay in this house but then he could and would even if court ordered not to drop by any time drunk and justify it because he pays the mtg. This is why I need to move perhaps to another state or county. No forget that, he has been know to drive drunk (he has 2 DUI's under his belt already), No move to another State. This way, I can re-reg as a RN that I am, protect my sons,and can aford to pay the new mtg on my own.

Thank you sincerely,

Marie Gardner Waseem
Customer (name blocked for privacy)@yahoo.com

Customer (name blocked for privacy)
Status:  Closed   Value: $70
Answer
July 28 2005 at 8:14 AM (1 hour and 14 minutes and 51 seconds later)
         
ACCEPTEDCheck Mark

Greetings Marie:

I am sorry for your situation, my prayers and thoughts are with you.

California is a community property state, as you know - which means any assets acquired or income earned during marriage is shared. If the monies that went into your new home was yours, alone, from inheritance or gift, then the laws are such that the proceeds of selling the property would be considered yours, as it is separate property.

Was the money from the first home yours (by inheritance or gift)- if so, then this would also be separate property.

If all falls into your name alone, then to my knowledge and belief the court recognizes ownership - but property may still be divided.

As far as relocating with the children, this is a decision that is made by the judge. If you can show proof that relocating will substantially benefit you and the children, and that remaining here in California will be a great burden/hardship for you and children, then the court will take this into consideration.

If you are requesting child support payments, the court normally grants same, and it is based upon the spouse's income. Spousal support may be ordered by the court - but it depends on the spouse's income from a job or from property. Spousal support and child support can be combined - it's called family support.

If you are wishing further information, please do not hesitate to let me know.

My very best to you and your children.

Bright Blessings.

Peace, Love & Happiness,

The Mystic Wave

Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.



Edited by TheMysticWave on July 28 2005 at 8:27 AM

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The Mystic Wave -- Paralegal -- 100% Positive Feedback on 258 Legal Accepts
30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
Reply
July 29 2005 at 8:34 AM (1 day later)
         
Reply to The Mystic Wave's Post: Hello Mystic Wave,

Thank you for your answer, which I kind of thought was what it would be. However, I forgot about the inheritance law. Yes, the first home my mother gave me the monies for down payment and at that time we were not legal marr but did have Chris then age 1.5 yrs, but...and you knew this was coming , the house was in my husbands name and then later when refied I was put into the deed. This was the house we sold to but this house. Still, apply ?
Customer (name blocked for privacy)
Reply
July 29 2005 at 8:53 AM (19 minutes and 6 seconds later)
         
Reply to The Mystic Wave's Post: Hello Mystic Wave

Yes the first home that we sold to but this home , my mother gave me the down payment 12 yrs ago. However, the house deeded into his name and then later when we refied my name was added after we were married. And yes I still have my mothers canceled check.

Edited by Customer (name blocked for privacy) on July 29 2005 at 8:55 AM
Customer (name blocked for privacy)
Answer
July 29 2005 at 9:48 AM (54 minutes and 55 seconds later)
         
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The Mystic Wave -- Paralegal -- 100% Positive Feedback on 258 Legal Accepts
30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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