Napa, CA asked in Divorce for California

Q: How did my husband buy a house during seperation? Our house has not been paid in 5 months

We are in the middle of a seperation in CA. Our house together is about to foreclose yet he purchased a new one by himself

Related Topics:
2 Lawyer Answers

A: What do you mean by "during separation"? Has a petition been filed? If a petition has been filed, then his act of purchasing a house before your legal matter has concluded and judgment entered, would be a violation of the ATROs that are listed on the second page (reverse of page 1) of the Summons. If no petition has been filed yet, he may be found to have breached his spousal fiduciary duty, by allowing a community property asset to go into foreclosure while purchasing a second property that is not for the benefit of the community. Do you have an attorney? If not, get one.

A: You may want to hire a forensic accountant to evaluate whether he's hiding assets or whether he's wasted community assets. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.