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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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1) I have owned my house for over 5 years prior to my marriage.

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1) I have owned my house for over 5 years prior to my marriage. He is not on my title. We recently purchased a home together last year and we are both are on the title. The downpayment came from the sale of his home which he sold to move to here. Is he entitled for any equity in my home for the year we were married and am I entitled to anything on the new house where we are both on title and I still reside.



2) Being married for 1 year he has his own company and I am a consultant on an hourly basis. We both make around the same income but he has a 401k, savings, medical, etc and I have nothing in place. Am I entitled to anything at all?



3) I feel he married me under false pretenses because of things he has said to me. I asked him why he is a different person from time we lived in my home until now the time we are in our new home. He has become very verbally abusive and emotionally abusive and said things such as; that before he let things slide when we lived my house and now it's time he has to put his foot down. Also I mentioned I felt he used me to get married and he said so what if I did. He told me last month he wanted a new wife and that he married me out of infatuation and not for me. Is there any legal actions I can take with pain & suffering & fraud.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hi Jean,

Thank you for opening the new question page. I regret any inconvenience.

1) I have owned my house for over 5 years prior to my marriage. He is not on my title. We recently purchased a home together last year and we are both are on the title. The downpayment came from the sale of his home which he sold to move to here. Is he entitled for any equity in my home for the year we were married and am I entitled to anything on the new house where we are both on title and I still reside.
Your husband would typically be entitled to 50% of the increase in appreciation of your home if marital funds were used to pay the mortgage/maintain the property
Since the new property is titled in both names, you are each entitled to a 50% interest in that property


2) Being married for 1 year he has his own company and I am a consultant on an hourly basis. We both make around the same income but he has a 401k, savings, medical, etc and I have nothing in place. Am I entitled to anything at all?
You would typically be entitled to 50% of the increase in the 401(k), savings that resulted from your husband's earnings during the time you were married


3) I feel he married me under false pretenses because of things he has said to me. I asked him why he is a different person from time we lived in my home until now the time we are in our new home. He has become very verbally abusive and emotionally abusive and said things such as; that before he let things slide when we lived my house and now it's time he has to put his foot down. Also I mentioned I felt he used me to get married and he said so what if I did. He told me last month he wanted a new wife and that he married me out of infatuation and not for me. Is there any legal actions I can take with pain & suffering & fraud.
Sadly not. California law does not consider fault in the division of marital assets nor allow an action for verbal/emotional abuse in the marriage

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
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