Riverside, CA asked in Divorce and Family Law for California

Q: In the process of divorce, been living as married since 1998, married in 2012,will that be considered in dividing assest

have two children and also we purchased a house only in his name due to credit scores before marriage but while cohabitation, it was purchased 8 months before marriage. Will I be granted anything from that property, he has a attorney but I don't, I have been a homemaker since my first son was born 2003

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2 Lawyer Answers
Sandy Lynne Meade
Sandy Lynne Meade
  • San Diego, CA
  • Licensed in California

A: Yes, you do have an equitable claim and even a civil claim under a MARVIN action (which you may have to file separately or can often be incorporated into settlement of your divorce case). There is a statute of limitations for a MARVIN action, so you need to consult with a local family and civil law attorney(s) immediately. If you are dealing with an ethical family law attorney and they know you both purchased the house together using both your combined incomes, they should be willing to work with you to divide the net proceeds of sale of the house equally/fairly (the facts of your case may change the amount of co-ownership and the title being in his name only creates a presumption that you must overcome, but it is not the only factor in considering ownership). For instance, If you and your spouse co-mingled all your monies and lived as a married couple prior to marriage, saved together for assets, and then acquired assets including real property prior to marriage in anticipation of marriage, then you have a strong argument for an equal interest in all assets and debts acquired during your cohabitation as well as your marriage (including the house). Even if you cannot afford an attorney, you should contact a local family law attorney to advise you of your rights (many will provide a free or low-cost consultation to at least arm you with more information). Good luck however you proceed.

Shawna Murray agrees with this answer

Manuel Alzamora Juarez
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Berkeley, CA
  • Licensed in California

A: First, support will start after you file a motion and request for orders regarding child support and spousal support.

Second Marital property Will be divided 50-50. However, depending on the attorney they may fight for credit if he use his money or inheritance to buy the property. It depends on whether he use his income to pay for the house while he was married. If he bought the house 8 months before he got married and did not use any of the community money To pay for the mortgage, if any, then I am afraid that the property could be his separate asset. These issues are highly complicated and it is always preferable that you get an attorney to represent you. Ah, by the way, your living with him before the marriage does not benefit you in any way. Best of luck.

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