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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8081
Experience:  Experienced Family Law Attorney
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Living in Bay Area California what are my rights as a housewife

Customer Question

Living in Bay Area California what are my rights as a housewife thinking about filling for divorce, two young kids 3 and 5 years old. House purchased by mother in law boyfriend (in full) with husband being 20% on hose tile. I work for myself part time as I care for kids, I have personal debts in default bc can't pay them. I am afraid that my spouse will try to take the house and full custody. What's my rights
Submitted: 9 months ago.
Category: Family Law
Expert:  LegalGems replied 9 months ago.
So the mother in law and her boyfriend are listed as 80% owners of the home?
Customer: replied 9 months ago.
No just the boyfriend 80% my husband 20%. No one else I know this will get ugly ones I fill it, so I want to be prepared.
Expert:  LegalGems replied 9 months ago.
OK; so in CA, property acquired during marriage is considered community property (CP) unless it is acquired by gift/inheritance. However, there can be a community property credit if the community paid the mortgage. If there are minor children in the house, normally the court can order the custodial parent the exclusive use and control of the house, but that is not the case when third parties are also owners, as the court does not have jurisdiction over third parties and cannot make orders affecting their property. Usually the court will make custody orders that mirror the status quo- ie the primary caregiver is given primary physical custody with the other parent having visitation. The idea is that stability is important. The court will also look to other factors: (a) The love, affection, and other emotional ties existing between the parties involved and the child.(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.(f) The moral fitness of the parties involved.(g) The mental and physical health of the parties involved.(h) The home, school, and community record of the child.(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.(l) Any other factor considered by the court to be relevant to a particular child custody dispute. Then, spousal support is subject to the discretion of the court, but the court typically requires the higher earning party to pay support to the other party. Additionally the custodial parent receives child support based on statutory guidelines. A calculator is here As for debts acquired during them marriage those are assigned 50/50; premarital debts are assigned to the party that incurred them. Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  LegalGems replied 9 months ago.
Here is the information on spousal support: (don't forget to rate positively - i am an individual contributor- I receive no credit unless you are satisfied and rate GOOD or GREAT !!
Expert:  LegalGems replied 9 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site: you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

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