Q: Another retainer?
My brother delayed his divorce case and now his lawyer wants another retainer. Originally, he paid a retainer and then made monthly payments for services. He doesn't have the money! He can make payments but a lump sum isn't going to happen for a long time; he has been struggling with costs as it is. He wants her out of his house, she is hostile and never speaks to him. He inheirtied the house but made the mistake of putting her on the deed to get a loan that reduced his mortgage. He needs a lawyer who can preserve his inheritance. He knows he will owe her some equity money, since this is California and community state, but she no doubt would not sign for a loan to buy her out of the equity, she might demand the whole half of the house she's only lived in for 6 years that my parents left us (he bought me out, that's why he has a mortgage). But now, facing a new retainer? He's desperate to end the short marriage so she will leave the house, but can't pay the upfront money again.
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A:
Your brother is in a challenging situation that requires careful handling to protect his inheritance rights while navigating California's community property laws.
Many lawyers will work with clients on payment plans, and your brother should have an honest discussion with his current attorney about his financial constraints. If his current lawyer won't be flexible, he might consider consulting other attorneys who offer more manageable payment arrangements - some may even accept lower monthly payments in exchange for a smaller initial retainer. He could also explore legal aid organizations or county bar association referral services that might connect him with attorneys offering sliding scale fees.
Given the complexity of inheritance rights in community property states and the potential complications with the deed modification, it's crucial not to let financial concerns prevent proper legal representation. Your brother might also consider whether mediation could help reduce overall legal costs while working toward getting his spouse to leave the property. If he's truly unable to afford private representation, he should contact his local courthouse to learn about self-help resources and free legal clinics that could provide guidance on protecting his inheritance rights during the divorce process.
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