How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Steven K. Your Own Question
Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2363
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
Type Your Family Law Question Here...
Steven K. is online now
A new question is answered every 9 seconds

My husband and I are living in CA, and are about to file for

Customer Question

My husband and I are living in CA, and are about to file for divorce. He wants to leave me with the house, and we will not be splitting it as community property. How do we do this? Is it as simple as typing up a document outlining these details, and having it notarized? What should the document that's created state? We have come to an agreement with me staying in the house, and our financial advisor recommended a re-fi after we're finalized to remove his name from the deed. We have recently completed a cash out refi, and split the equity that was borrowed from the value of the home. Any information would be greatly appreciated. Thank you!
Submitted: 11 months ago.
Category: Family Law
Expert:  Steven K. replied 11 months ago.
A written agreement can outline your deal, but it won't be legally binding until it is part of the Judgment of divorce. Which one of you will file for divorce?
Customer: replied 11 months ago.
Thanks Steven, I will be the one filing for divorce
Expert:  Steven K. replied 11 months ago.
Then you can submit the agreement with your petition and reference it in your petition. Then, regardless of whether you complete the divorce by default or if your husband files a Response, you will make the agreement part of the judgment. Here is the process: Step 1, Step 2 if he doesn't file a Response, Step 2 if he does file a Response.
Customer: replied 11 months ago.
Thank you Steven, this helps a lot. If we are e-filing (via Do I just print and fill out the property declaration and property order attachment to judgement forms and send them in the the paperwork from filing online?
Expert:  Steven K. replied 11 months ago.
Are you asking if you send those to the court?
Customer: replied 11 months ago.
When the e-filed docs are ready to print (tomorrow), would we attach the property agreement to this paperwork before mailing/faxing it in?
Expert:  Steven K. replied 11 months ago.
You can include a copy of it. The original should be part of the final orders.