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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27682
Experience:  Attorney with experience in family law.
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My boyfriend is going through a divorce. They were married

Customer Question

Hi.. my boyfriend is going through a divorce. They were married only 4 years and 5 months. my boyfriend had acquired his property 1 year prior to marriage sole and separately as well as maintained making payments solely throughout the marriage. They had separate bank accounts through out the marriage until the last year in which she quit her job (she knew he was planning on ending the marriage and did it to stalk him and yes we have proof) she was collecting EDD payments for 1 year after leaving work stating she had lymes disease. She has been denied social security and is in appeals. HIs 401K he had prior to marriage and did NOT put any funds in during the marriage and did not resume payments until after separation . his pension he is not eligible for until 2027 and she does not appear to meet the requirements of 10 years married as well as being 62 she is only 50 and if he is not eligible she is not. so my question is this.. as we are looking for a good attorney willing to guide and fight.. she asking for him to buy out a lease (car she is driving) in his name that is up in July.. due to his credit he will not be able to do this. and cannot afford to this. in an expart in december he was ordered to pay her 1200 amonth and agreed to leave the property on feb 29th we heard from his sister she is planning on filing something to stay longer in the propety that would cause him to become homeless as notice was given on current lease. and because she is appealing social security she is trying to get him to pay her 2000 a month spousal support when he only brings home 5400 and has 5000 in bills monthly
JA: Thanks. Can you give me any more details about your issue?
Customer: in 2014 his spouse signed a grant deed to him during are refi as sole and separate property . that is recorded at the county.
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Submitted: 10 months ago.
Category: Family Law
Customer: replied 10 months ago.
sorry correction to above* she agreed to leave the property end of february. can she file something to stay longer in the property being that she agreed to move on the agreed date and notice was given to landlord to vacate the property he is on March1, and this would leave him homeless. and could she barr him from the property we have asked his atty this question numerous times and not received an answer and we need to be proactive as well as on the offense instead of defense constantly she is clearly being animus and has told others she is going to cause him to loose everything as that is her goal.
She asking for 50% of his 401k. NOT one dime of community funds ever went into this 401k during the marriage. He made NO contributions at all during the time they were together and only resumed contributions after separation.
Customer: replied 10 months ago.
correction to above* not ordered but agreed to pay 1200 a month at exparte motion.
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your boyfriend's situation.

She does have the ability to request to stay in the marital home longer if she has been unable to find a new place to go - but that doesn't automatically mean she gets to stay. He'll be allowed to testify that he doesn't have anywhere else to go and ask the judge to order that he be allowed back in on March 1, whether she is still there or not. It could help him if she waits to file, because he'll be able to argue that she didn't give him sufficient notice to find somewhere else to stay. She doesn't have any legal right to bar him from the premises without a court order.

She's not entitled to any portion of his 401(k) if he didn't contribute to it during the marriage. She is entitled to a refund of half the mortgage payments made during the marriage, because those payments were made with marital funds. A judge usually would not order your boyfriend to buy out a lease on a vehicle if he can't afford it. If she wants to request more spousal support than what she's currently getting, she'll have to establish both that she needs the money and that he can afford to pay.

South Carolina is an equitable distribution state. The judge divides assets in a manner he believes is fair. It's never fair for one spouse to walk away with everything, especially if she's trying to take assets he had before they even got married.

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Customer: replied 10 months ago.
she has been in marital home now for 11 months without making any effort to find any where to go.. how would the weigh in on it? if she made an agreement exparte in december how can she attempt to change that order and NOT be in contempt as well she changed the locks to his house and is refusing to give copies of the keys.This is California. would the above apply..
Customer: replied 10 months ago.
during the duration of the marriage they maintained separate bank accounts and he paid the payments soley she paid absolutely nothing. and after separation she spent over $10,000 of his income he deposited into the account he paid bills from over a course of 8 months without his consent or knowledge as she had locked him out of his accounts online and was intercepting his mail he had on hold at the postoffice. she NEVER paid a single payment or a bill in his name.
Expert:  Lucy, Esq. replied 10 months ago.

Everything I said applies to California, yes. The amount of time she's already been in the marital home after she was told to leave could be a basis for filing an Order to Show Cause. She's in contempt of court unless the husband allowed her to stay all this time. (If he allowed her to stay, then how long she's been there doesn't mean anything.) As part of the Order to Show Cause, he can ask the judge to order her to turn over the keys AND pay him the cost of having a locksmith install new locks.

The fact that she didn't pay for the house bears no relevance to anything - she's already been ordered to leave it. That would only be an issue if she was supposed to be paying him rent since the divorce. But if the house is damaged when he gets in, he can sue her for the cost of repairs.