Fremont, CA asked in Divorce for California

Q: After 13yr wife divorced me, sent out w/ my car and clothes only. Owned home yet my name not on papers she says. Help

Is this really possible that I get nothing but my clothes and a car she didn’t want...I ended up homeless for a time and am having to start over with nothing

Related Topics:
1 Lawyer Answer

A: You can check with the recorders office records to determine if you are on title or not. If you are not on title, that does not mean you do not have a community property interest in the house. If the house was purchased during marriage it is presumed to be community property. If the house was paid for with funds earnings during marriage, then the community has an interest in the property regardless of whose name is on it. Furthermore, if she is not being truthful about the status of the house or if she has caused the title to be transferred into her name alone without your knowledge and consent,she may be liable to you for breach of her fiduciary duty. Please consult an attorney who can help get through the legal maneuvering necessary to protect your interests. Best of Luck.

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.