Dublin, CA asked in Divorce for California

Q: Husband says he wants my name off the property and me to leave and us to have joint custody without state involvement.

He paid for the property. Is this a reasonable request?

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Insufficient information. You should contact a divorce attorney in your local area. This does not sound very reasonable, if you were married for a long time, you would have equity in the property. He should buy you out.

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Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Berkeley, CA
  • Licensed in California

A: MAYBE. IT DEPENDS IF HE PAID FOR THE PROPERTY WHILE YOU WERE MARRIED. IF HE DID, THEN IT IS NOT REASONABLE BECAUSE CALIFORNIA IS A COMMUNITY PROPERTY STATE AND YOU ARE ENTITLED TO HALF OF THE PROPERTY VALUE, SUBJECT TO SOME DEDUCTIONS, IF HE PUT SOME MONEY DOWN TO PURCHASE THE PROPERTY. MOREOVER, HE IS ENTITLED TO SOME MONEY BACK, IF HE PAID THE DOWNPAYMENT WITH HIS OWN FUNDS AT THE TIME OF PURCHASE. IT IS A LITTLE COMPLICATED TO EXPLAIN ON THIS FORUM, SO HIRE AN ATTORNEY AND WITH A FEW HUNDRED DOLLARS OF INVESTMENT, YOU MAY SEE A BIG RETURN. BEST OF LUCK.

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