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Category: Family Law
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Experience:  29 years as a family law lawyer .
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I am in the middle of a divorce. Here is my situation. We

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I am in the middle of a divorce. Here is my situation. We purchased three properties together and I ran into a situation regarding a loan payment. They put a lien against the house. To protect any more creditors from putting leins against the house, I put the titles in her name thinking this would protect the homes from future leins until I could get the credit cleared up. The verbal agreement was that that once this was done, I would come back on title. I cleared it up but the wife refused to reverse the situation and put me back on title although my name remains on the mortgage loan. She has listed the property in the petition of divorce as her sole separate property and plans to keep it. What are my options and is this binding. In some cases I hear you have to sign some other paper dealing with change of ownership. Your help is appreciated. I was told this would not protect against liens since no legal declaration of divorce or legal separation was on file.
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
-Could you explain your situation a little more?what state are you in here?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 5 years ago.
I am in the state of California. As I said, we have three properties. Two single family homes and an apartment building. One of the homes and the apartment building are rental income properties. The situation is this. I had lost my job once upon a time and I was working part time jobs making mediocre salaries. At the time I was gainfully employed I had put some charges on some credit cards and could pay faithfully. Because I lost my job, I still was paying the seconds on all three properties but I had to make a choice. Pay the seconds and keep the properties or pay the creditors. I chose the properties. Two of the creditors hired a law firm to get their money and this caused a lein to be put on one of the homes. I went into an agreement with each lawyer to do a monthly payment but the spouse (whom I was separated from) got concerned because of other creditors may come after the other properties. We sat down and discussed how to protect the property. We verbally agreed that I would release my name from title until I could get the situation cleared up with the other collectors and straighten up my credit. This would take me about two years. Once I did this, I thought about it again and went to a real estate lawyer that helped get my mother out of foreclosure. I told him the situation and he said that taking my name off title would not protect from future liens because first of all there is nothing in the courts about a legal separation or a divorce, plus my name may be off title but the mortgage interest was still in both our names. I told her this and decided to reverse what I had did. She refused still saying I need to clean up my half of the credit. Within two years I did just that. All collection actions were paid, I received letters of judgement satisfaction from the creditors, some of them dropped the derogatories from my credit report and my report was clean. I pulled it and it was clear. I told her this but she refused to look at my report and refused to reverse the action as promised. She indicated more collection notices were coming to the second address (where she lived) and I asked if she could send them to me so I could look into this. She refused to send these. I spoke to one of these agencies that supposedly help clean up your credit and I was told the only thing I had to worry about was what was on my credit report. She has been holding on to these notices for at least two years not allowing me to see who the creditor is but so far nothing has appeared on my report. Everything I have on my report is either cleared, dropped and creditors with open balances have a OK as paid status. The idea here is that she wants to take everything and we are in a divorce status and on the documents, she had her attorney indicate all the properties as her sole and separate property even though both our names still appear as the Mortgage Holders with both the banks and any type of correspondence still comes in both our names. I feel I was a victim of fraud and deception and if it were not for the money I use to make and my strong credit, we would have had none of this income. Now she wants to take it away for herself. What are my rights here and with California law. Just so you know, here is how I want to settle: of the two homes, the Carson residence is worth more. This is where she is currently living. I asked that she retain this property for herself. The smaller home, the Los Angeles residence, (which is being rented at the moment) I would like to keep that and eventually move back into it. The 4 Unit complex in Long Beach, I asked that this be sold and after everything is paid off, we split the proceeds. She does not want this. She has indicated she wants both homes and a majority of the interest in the Long Beach. That is my story. Can I get some advice on how to proceed with this case?
Expert:  RayAnswers replied 5 years ago.
Thanks for the information. You will need a lawyer her to represent you here in California. You will have to overcome by tracing here the notion that these are separate property as she is claiming.

If they were purchased during the marriage you may well be able to show that they are community property regardless of whose name they are in. The lawyer here will work with you to do just that. It may involved some serious tracing of all that yo u have described here in order to prevail.

You have some good facts to refute that these are her separate property. But this will be a long process and ultimate the court decides if you ahve proved up all of this and it gets classified as community or separate. Your lawyer will assist you in preparing and this may not be resolved until a hearing on final divorce.

It appears you have two entirely different views of the matter. I wish you good luck here in proceeding and resolving..


Heres' lawyer referral through the state bar..

1-866-442-2529 or 866-44-CA-LAW
(toll free in California)

415-538-2250
(from outside California)

Lawyer Referral Services Program (LRS)
The State Bar of California
XXXXXbr /> San Francisco, CA 94105
e-mail: LRS@calbar.ca.gov
Phone:(NNN) NNN-NNNN/p>

 

 

Legal reference to the property division laws in California..

 

 

http://www.divorcesupport.com/divorce/California-Property-Division-Factors-440.html

 

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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

 

Customer: replied 5 years ago.
I just receive your answer. So, it is just a matter of proving that this was purchased during the marriage. The first deed of trust or grant deed which have both our names on it be proof of this.

I will not take up a lot of time here and be redundant with all three grant deeds but taking the Carson residence, it states:

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RONALD O'NEAL and DEBBIE O'NEAL (the sellers) hereby grants to RICHARD BOUTAIN and LEOMA BOUTAIN, husband and wife AS JOINT TENANTS the following real property in the CITY OF CARSON, county of LOS ANGELES, state of CALIFORNIA................and it goes on to tell the lot number, tract, map, etc., dated and signed by both sellers and notorized.

Does this indeed show that this was purchased as community property plus I have all the business transaction documents from Escrow, the title company showing monies, the checks I wrote to these companies that were paid from my bank account to aid in financing this transaction.

This is only on one property but this same scenario is also on the other two properties and I have documentation. Would this be considered proof that this property was purchased as community property?
Expert:  RayAnswers replied 5 years ago.
Sure this would be evidecen here a=as well as the community funds invovled in the matter. title here doesn't affect it is timing and how it was paid for. I think you will be able to trace as community here based on what you present..
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 30330
Experience: 29 years as a family law lawyer .
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