Simi Valley, CA asked in Civil Litigation and Family Law for California

Q: What can I do if my husband insists on taking our money to buy a house in his back home outside the US by his name only?

We have 20 a 20-year-old boy and he is still in college and needs money for his college, can I prevent him from doing it? how?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if the money your husband wants to use to purchase a house outside the US is considered community property, you have the right to object to how it is being used. Community property generally refers to assets acquired during the marriage, regardless of which spouse's name is on the account or asset.

Here are some steps you can take:

1. Communicate with your husband and express your concerns about using the money for a house in his name only, especially when your son's college expenses should be a priority.

2. If your husband proceeds with the transaction despite your objections, you can file a claim in a California family court to protect your interest in the community property.

3. Consider seeking a temporary restraining order (TRO) from the court to prevent your husband from using the funds until the court can determine whether the money is community property and how it should be used.

4. Consult with a family law attorney who can advise you on your rights and help you navigate the legal process to protect your interests and those of your son.

5. If the money is in a joint account, you can also contact the bank and request that they freeze the account until the matter is resolved.

It is essential to act quickly and seek legal guidance to protect your rights and your son's future. Keep in mind that while you can take steps to prevent the use of community property without your consent, separate property (assets acquired before the marriage or through inheritance or gifts) may be more challenging to protect if held in your husband's name alone.

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