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

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1 Lawyer Answer
Martha Bronson
Martha Bronson
Answered
  • Tracy, CA
  • Licensed in California

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.

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