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

Related Topics:
2 Lawyer Answers
Sandy Lynne Meade
Sandy Lynne Meade
Answered
  • 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
Answered
  • 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.

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.