Garden Grove, CA asked in Divorce and Family Law for California

Q: My brother thinks he'll go bankrupt with a lose his inherited house because he can't pay alimony for 3 years...

My brother has a big mortgage on the half of the house my parents left him and me because he bought out my half. Then he married someone late life. It's been 6 years and the marriage has gone bad. He barely makes his payments and now he's afraid to divorce due to the possible alimony. Could that happen? Also, she has been married before but I also wonder this.....if she didn't tell her old husband of this marriage (in Vegas, not California where they all live) could she still be receiving alimony from that marriage(It was long term)? She works a bit here and there but my brother see's her buying a lot of pricy things and he wonders how. They barely speak so he has no idea where she goes or what she has.

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James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, if your brother's marriage ends in divorce, he may be required to pay alimony to his spouse based on various factors, including the length of the marriage and the respective financial situations of both parties. His inherited house may be subject to consideration in the alimony determination, but a qualified family law attorney can provide specific advice based on the details of his case. Regarding the wife's previous marriage, if she failed to disclose existing alimony from her previous long-term marriage during their divorce proceedings, she may be in violation of California law. Your brother should consult with an attorney to investigate this matter further and protect his interests.

James L. Arrasmith

Founder and Chief Legal Counsel

The Law Offices of James L. Arrasmith

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