Q: I live in California. My husband left 8 months ago, took the money from our bank account and squandered it in Vegas
He quit his job and later took early retirement when he realized he had no money to live on. I had to refinance the house to be able to afford it. The loan is in my name but his name is on the title along with mine since he wouldn't quit claim it over. If we sell the house will they split the proceeds 70/30 if he agrees to it? Also, if I file for divorce now and move to another state in a few months, will this cause a problem with the divorce?
A: First, the courts will allow you and your spouse to settle the terms of your divorce any way you want. the judge may want to confirm the agreement is fair under the facts--offset for husbands depletion of community assets while gambling and his abandoning you to pay the bills on your own sounds to be sufficient reason for the disparity in division on the house. if you file in the county where you have resided for 6 nos and later nove, if your spouse does not live in the county you filed in, then you may be stuck with a change of venue motion. as long ad either of you live in that county, nothing changes but if neither party lives in the state and county where the action was filed then the court may not have jurisdiction and may require the case transferred to the state and county where one or both of you reside
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