California.. Anyone here know some divorce law? ref to housing

equus

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quick question. a friend of mine is going through a divorce in California. he has served his wife with divorce papers after she went off the rails with postpartum issues. she had a baby and went nuts, wanted a divorce, made shit miserable for him. he bought and remodeled a house prior to the marriage. she moved out. shes been out of the house for a month or so. shes worn out her welcome where shes staying and now shes trying to move back in and use emotional blackmail on him.

i do not know CA law and i tried researching if he can keep her out because shes not technically a resident or tenant at this moment. In MO or KS, once you leave x amount of time you arent entitled if youve established residency somewhere. either way its civil. i advised to not let her back right now.

any of you dealt with this in CA?
 
If it's like everywhere else, she pushed a child out of her vagina so things are divided up. She gets the house, he gets to make the payments on it.
 
quick question. a friend of mine is going through a divorce in California. he has served his wife with divorce papers after she went off the rails with postpartum issues. she had a baby and went nuts, wanted a divorce, made shit miserable for him. he bought and remodeled a house prior to the marriage. she moved out. shes been out of the house for a month or so. shes worn out her welcome where shes staying and now shes trying to move back in and use emotional blackmail on him.

i do not know CA law and i tried researching if he can keep her out because shes not technically a resident or tenant at this moment. In MO or KS, once you leave x amount of time you arent entitled if youve established residency somewhere. either way its civil. i advised to not let her back right now.

any of you dealt with this in CA?

I'm not 100% sure, but I imagine that if she's married to him still and there's no legal order of separation that she should have a right into their domicile.

Upon marriage, each spouse enters into an agreement to support the other. Each spouse is committed to using whatever resources are available for this purpose. If there is not adequate community property to provide support for your spouse, you are expected to expend your own separate property to support your spouse. (Fam. Code, § 4301.)

California has community property laws. If you lived in California during your marriage, everything you or your spouse own is either "community" or "separate" property. Unless you and your spouse agree otherwise, all property in or out of the state that is acquired by you and your spouse through either of your labor or skills during the marriage is community property. Each spouse owns one-half of all community property. This is true even if only one spouse worked outside the home during the marriage and/or the property is held in the name of only one spouse. If you were married in a state that does not have community property laws and while married, you and your spouse purchased a home or other property in that state before moving to California, the house will be treated as community property when you get a marriage dissolution in California, if it was bought with the earnings of either or both spouses during the marriage. This kind of property is called "quasi-community property." (Fam. Code, § 125.)

During marriage, both husband and wife have an equal interest in all of their community property. Each spouse has the right to manage and control the community property for the good of the family. This does not mean, however, that either you or your spouse may sell, lease for longer than one year, or give away real estate or personal property acquired during your marriage without written consent or the signature of the other, with certain exceptions. "Real estate" includes a home, land, or rental property. "Personal property" includes furniture, furnishings or fittings of the home, clothing, cars, money, and other personal goods. Each spouse owes a duty of good faith in dealing with the community property. This fiduciary duty, which continues until a petition for dissolution is dismissed, a judgment is entered or the court makes further orders, or the death of a spouse, includes the obligation to make a full disclosure to the other spouse of the existence and extent of all community assets and debts. This obligation can be enforced through a court proceeding brought within three years of the date a petitioning spouse had actual knowledge that the event for which the remedy is sought occurred, although these time limits do not apply where a spouse has died or there is an action for legal separation, dissolution or nullification of a marriage. (Fam. Code, §§ 1100, 1101 and 1102.)
 
In California, its best to just assume everything will legally be in favor of the wife.
 
I got divorced in cali. From what i remember everything is split right dow the middle, so with a house, idk. I also remember u had to wait 6 months for a divorce after serving papers.
 
i understand HOW divorce works. i just know that in some states if someone comes in and lives in one of your bedrooms for example, they establish residency. they could be a cousin, a sister, your mom...whoever...if they are allowed to stay, even for a night, and they have nowhere else to go the law wont let you throw them out. and in some states, when you willingly leave and are gone for x amount of time, you relinquish your ability to live in said place.

she has been served. shes just worn out her stay at her other location and is now trying to come back.
 
I think he should be ok not letting her back in. The house was his bought prior to the marriage, she's been served and vacated the property for a month. Probably best to consult a divorce attorney, some give a free, first hour consult.

Once he does, change the locks and have him advise her by text and email or certified letter she is not welcome at the house.

Tell him to avoid a mediator at all cost. I did one and they fucking suck.
 
I'm not 100% sure, but I imagine that if she's married to him still and there's no legal order of separation that she should have a right into their domicile.

Upon marriage, each spouse enters into an agreement to support the other. Each spouse is committed to using whatever resources are available for this purpose. If there is not adequate community property to provide support for your spouse, you are expected to expend your own separate property to support your spouse. (Fam. Code, § 4301.)

California has community property laws. If you lived in California during your marriage, everything you or your spouse own is either "community" or "separate" property. Unless you and your spouse agree otherwise, all property in or out of the state that is acquired by you and your spouse through either of your labor or skills during the marriage is community property. Each spouse owns one-half of all community property. This is true even if only one spouse worked outside the home during the marriage and/or the property is held in the name of only one spouse. If you were married in a state that does not have community property laws and while married, you and your spouse purchased a home or other property in that state before moving to California, the house will be treated as community property when you get a marriage dissolution in California, if it was bought with the earnings of either or both spouses during the marriage. This kind of property is called "quasi-community property." (Fam. Code, § 125.)

During marriage, both husband and wife have an equal interest in all of their community property. Each spouse has the right to manage and control the community property for the good of the family. This does not mean, however, that either you or your spouse may sell, lease for longer than one year, or give away real estate or personal property acquired during your marriage without written consent or the signature of the other, with certain exceptions. "Real estate" includes a home, land, or rental property. "Personal property" includes furniture, furnishings or fittings of the home, clothing, cars, money, and other personal goods. Each spouse owes a duty of good faith in dealing with the community property. This fiduciary duty, which continues until a petition for dissolution is dismissed, a judgment is entered or the court makes further orders, or the death of a spouse, includes the obligation to make a full disclosure to the other spouse of the existence and extent of all community assets and debts. This obligation can be enforced through a court proceeding brought within three years of the date a petitioning spouse had actual knowledge that the event for which the remedy is sought occurred, although these time limits do not apply where a spouse has died or there is an action for legal separation, dissolution or nullification of a marriage. (Fam. Code, §§ 1100, 1101 and 1102.)

i think this is the first article i looked at. he purchased and remodeled a house prior to marrying her. she moved in after the wedding.
 
Tell her he's selling the house, have it listed but deny any offers till divorced.
If she moves in evict her as the house is now "for sale"
 
But in seriousness, in Cali your fucked with divorce. Alimony, child residence/support, your pension... they all favor the female
 
No matter what the law states, I'd have the attorney file for an emergency provisional order to establish who will be occupying the marital house. Either way, he is going to need an order to keep her out or the cops won't do shit.
 
i think this is the first article i looked at. he purchased and remodeled a house prior to marrying her. she moved in after the wedding.

I guess it depends if

I'm not 100% sure, but I imagine that if she's married to him still and there's no legal order of separation that she should have a right into their domicile.

Upon marriage, each spouse enters into an agreement to support the other. Each spouse is committed to using whatever resources are available for this purpose.If there is not adequate community property to provide support for your spouse, you are expected to expend your own separate property to support your spouse. (Fam. Code, § 4301.)

means that property is now community property. Speak to a lawyer.
 
No matter what the law states, I'd have the attorney file for an emergency provisional order to establish who will be occupying the marital house. Either way, he is going to need an order to keep her out or the cops won't do shit.
cops may actually say "its civil" to her since she doesnt currently live there too.
 
But in seriousness, in Cali your fucked with divorce. Alimony, child residence/support, your pension... they all favor the female
yeah shes an absolute can. no job prior to the baby. shes an asshole to him and wants everything done for her.
 
cops may actually say "its civil" to her since she doesnt currently live there too.

Around here, the provisional order signed by the judge is enough to give the cops jurisdiction to keep her out or evict her.

Our office pretty much has to get involved in almost every divorce where someone owns a house because they are typically either refinancing to take the ex off or selling. Some of the divorce files are good reading lol.
 
I guess it depends if



means that property is now community property. Speak to a lawyer.
^^^^+1 to this. Working in lending, I had so many conversations with homeowners about this - just because you bought the property before you were married doesn't mean it is still only yours. Grant deeds can be completed keeping a property in sole ownership of a "married man" or "married woman" but given this guy's current marital situation, he needs a lawyer.
 
I have no idea and don't know his specific situation, but good luck to your friend (and the wife).
 
i think this is the first article i looked at. he purchased and remodeled a house prior to marrying her. she moved in after the wedding.

means that property is now community property. Speak to a lawyer.

As Turtle said, I think the house falls under community property regardless of who owned it prior to the marriage. Once they married and she became a tenant, they now share the property. Whether she has rights to move back in I think would depend entirely on their marital status. If they are separated, he may be able to keep her out until they go to court. If they are still married and not legally separated, there's really nothing he can do, especially if she can prove residence going back. I don't think one month out of the house would really constitute abandoning her residence rights to the property.

Then again I'm not a lawyer, I'm just dating one, so you should take my legal advice about as well as you should take anyone else's on here. Only a BAR certified California lawyer who specializes in family law is proper council.
 
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