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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in California married over 13 years The home we have

Customer Question

Hello
I live in California married over 13 years
The home we have lived in for 15 years belongs to my husbands mother
We were assumed to inherit due to property taxes
My husband is divorcing me
I am not asking about owning the house I realize it is not my property
I am curious if it helps with standard of living spousal support payments for me to find a new place or what obligations he may have ( if any) related to this
Submitted: 11 months ago via Cornell Legal Info Institute.
Category: Family Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about your situation. The spouse is not supposed to help someone in your situation find a new place to live. They are not mandated to help with the search or offer places, for example. Their sole mandate is to pay maintenance if so ordered by the Court.

Yes, it helps that he inherits the home and you do not, in that because the Court will see that it is you who needs to keep strong finances to find some new place to live - he is not being "kicked out," but you are.

The Court considers the following subjective elements: (a) the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (a) earning capacity (b) the extent to which the supported party helped support the other party in gaining an education or maintaining a career. (c) The supporting party’s assets and ability to pay support. (d) the standard of living during the marriage. (e) The assets and separate property, of each party. (f) The length of the marriage. (g) The ability to gain employment without unduly interfering with the interests of dependent children in the custody of the party. (h) The age and health condition of the parties. (i) history of domestic violence between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party. (j) any tax consequences to each party. (k) The balance of the hardships to each party. (l) The goal that the supported party shall be self-supporting within a reasonable period of time. California Code - Sections: 4320 et seq.

Given the situation, the Judge is more likely to award temporary maintenance while the suit is ongoing and final alimony, as needed. But remember - this has to be ASKED from the Court. It is not automatic.

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