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

jgarner said:
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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I would agree with this. She can claim she had residency in the house and she can claim that while they were together she put equity into the house. Whether it be financial or time/energy/etc. that house was community property between the 2 of them. He may want to get a lawyer to see if he can claim a larger % of the house since he owned it.

But I'm guessing while they were together they were making house payments, which means she owns part of that house and has a right to live there unless he pays her off and she agrees to it. If he owned it outright before they got married I'm not sure how that works. I still think she'd have some right to it or a portion of it.
 
Oblivian said:
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.
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Don't most divorce actions include a restraining order limiting contact?
 
There's some pleb on here who knows all the divorce laws because someone told him. Forgot his name.
 
If your friend is asking you for legal advice he must be really fucked. He needs a lawyer and he needs to be ready to spend several thousand dollars on legal fees alone.
 
everywhere on this planet that doesnt contain religious law like desert people have will completly fuck you over in the divorce if you are a man
 
TheNinja said:
I would agree with this. She can claim she had residency in the house and she can claim that while they were together she put equity into the house. Whether it be financial or time/energy/etc. that house was community property between the 2 of them. He may want to get a lawyer to see if he can claim a larger % of the house since he owned it.

But I'm guessing while they were together they were making house payments, which means she owns part of that house and has a right to live there unless he pays her off and she agrees to it. If he owned it outright before they got married I'm not sure how that works. I still think she'd have some right to it or a portion of it.
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she hasnt had a job for years. no income. hes made all the payments on all bills and mortgage. i know thats besides the point but its reality.
 
ralphc1 said:
Don't most divorce actions include a restraining order limiting contact?
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Not in my state. We also get our fair share of divorces where the exes can communicate fairly decent. I've closed deals where they are living in the same house still. It was just more economical for both to live there until they sold.
 
ineverpost said:
If your friend is asking you for legal advice he must be really fucked. He needs a lawyer and he needs to be ready to spend several thousand dollars on legal fees alone.
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not at all. we were just taking about the situation. he was waiting on his lawyers office to open. he has representation. not sure if hes had his appointment yet.
 
equus said:
she hasnt had a job for years. no income. hes made all the payments on all bills and mortgage. i know thats besides the point but its reality.
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Payments out of a joint account or his own separate account? Commingling can give the other spouse ownership, even on a rental property that is in the other spouse's name.

equus said:
not at all. we were just taking about the situation. he was waiting on his lawyers office to open. he has representation. not sure if hes had his appointment yet.
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Well, then he should have answers soon. Hopefully, he isn't screwed.
 
ralphc1 said:
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.
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Pretty much this. Unless he is the only one on the title and can show that only his income went to paying for the house and remodel.
 
There's a special tax exception for sale of home for divorced taxpayers.
 
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