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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28098
Experience:  Attorney with experience in family law.
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My question is about my rights in case of a divorce

Customer Question

My question is about my rights in case of a divorce according to California divorce laws. I am a stay at home mom my daughter is 6 month old my husband is in the navy is an E6 and I just recently added my name to the title of the house. How much money will I be able to get in case of a divorce and can my husband remove my name from the house title without my knowledge. Will be kicked out of the house
Submitted: 5 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 months ago.

Hi,

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

First, it is impossible for your husband to remove your name from the house without your knowledge unless he forges your signature (which is a crime, and can be dealt with). Otherwise, the house will be distributed during the divorce, along with all other assets. You are entitled to half the value of all assets acquired during the marriage, which includes cash in the bank, half the equity in the house, the equity in any cars you own, expensive furniture, jewelry, etc.

If you do not have the ability to buy out your husband's share of the house by paying HIM half the equity (or giving him other assets worth half the equity), the judge can order that the house be sold and the proceeds of the house be split. The judge also might order the house sold if you do not have the ability to make the mortgage payments, even after considering any spousal and child support. That takes time, so you wouldn't be kicked out of your home without notice.

Spousal support is based largely on need. The judge will, however, also look at whether you and your husband had any agreement that you'd quit your job to raise the children and how long you've been married. It's possible a judge could require him to pay support at least for the time it takes you to find a new job, but you're allowed to argue why you need to be supported for longer. There isn't a set calculation - it's based entirely on what you need and what he can afford to pay (after child support).

This calculator can help you figure out how much he'll be ordered to pay in child support.

https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

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Expert:  Lucy, Esq. replied 5 months ago.

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