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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16288
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My husband and I decided to divorce 2 years ago, we came to

Customer Question

My husband and I decided to divorce 2 years ago, we came to us 15 years ago and got us citizenship as husbund and wife. We own a hous as community property in California. He convinced me to divorce in Russia and we get divorce there in 3/2015 and the he got secretly re married in Russia on 9/2015. His parent in Moscow did not know about it. I accidentally learned it on 12/2015 when the kaizen Permanente mail got to our house since we continued to leave in the same house in US while his new wife is still in Russia. We agreed that I buy his part of the house for the price he contributed 3 years ago when we bought a house. The escrow company prepared the paper as the transfer within the family to un married woman on 3/10/2016 with him signing the quit form for exchange of money. I plan to file a divorce in US later this year. My question is will this transfer of the home be questioned by court during the divorce?
Submitted: 9 months ago.
Category: Family Law
Expert:  Legalease replied 9 months ago.

Hello there --

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AS you are aware, any property purchased during the marriage in CA is community property (unless otherwise agreed to by the parties at the time of the purchase) and community property is subject to a 50/50 division under CA divorce laws. In addition to the community property laws, the couple is also permitted to negotiate their own terms of separation and divorce including dividing any community/marital property and if it can be done without contest between the two divorcing spouses, the court will accept and uphold any such agreed upon division of marital property. While the court will review the transfer as part of the overall property transfers in the divorce matter to make certain that the division is fair and what both parties wanted to do at the time of the transfer, the court will not step in and set aside your agreement pertaining to the division of the marital property.

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MARY

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