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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101537
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A court declared that I, the sole owner on title - before marriage,

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A court declared that I, the sole owner on title - before marriage, move out of the house for 90 days. My estranged wife, daughter, and two step-daughters in turn occupy the house.The wife continues to play headgames with my daughter's right to see me and in turn has reshuffled the "ongoings" of the house as if I ever had a "say" in such matters. I am trying to maintain a dialogue with her in order to determine our future.I perceive that her intent is to have me fold to her wishes and until then I am to remain excommunicated from the house. She is in a position of power and her hubris is unrelenting. We have been married 2 years and have lived together a total of 6 here in California.I am set to preemt her with divorce. The wife did work and earned about 2/3 of what I make. We are in a financial hole. How can I "tactfully" regain the right to live in my home again? The wife and step-daughters have "psycological issues". What chances do I have to gain full custody of my daughter?
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



There really isn't "silver bullet" to this. The BEST way is to expose her lies and other such manipulations at the next court hearing. It's your word against hers. Now if you have evidence to this affect, file a Motion for Re-Determination of Temporary Orders. Argue your case. If you do not have an attorney, I can possibly help you find an affordable or even a free one if you'd like.The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.



The courts generally do not like to split the custody 50/50 since this is hard on the child – imagine having to move every half a year.



One parent usually becomes the main caretaker (in many states this is called the managing custodian) and the other parent becomes the "weekend" parent (often called the posessory custodian) which is every Thursday, every other weekend, and alternating holidays. The minute points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.



Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation may be granted by the Court.


So that's what you have to do - convince the Judge that you'd be a better custodian.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 7 years ago.
I need to know about regaining contol of my house. No ruling was made on paying bills and if she continues her financially unsupportive ways then she needs to leave the house and "continue" living with her parents. Will divorce be the expedient means to getting my house back?
Did you purchase the house before or after marriage?
Customer: replied 7 years ago.
I purchased it before marriage. We've lived together 6 years total and married the last 2.
Well, simply, the Judge first determined that she be the temporary custodian, and then decided that since she's the custodian, she needs a place to stay with the kids. It's more conceivable to move one person out rather than 3. So he ordered you to move. It's not fair. Now see here - Separate property and debt is property that is generally:


1. Owned before marriage by one spouse; or

2. Acquired by gift or will or similar legal way by spouse during marriage; or

3. Declared as such by prenup or postup; or

4. Traceable property purchased by one spouse only; or

5. Tort Recovery for personal injury, but not medical expenses or loss of earning capacity.



What you can do is to put in a Motion for Reconsideration and say that because the house will likely be determined your separate property at divorce, the Court needs to go ahead and let you have it, and ask the mother to move out. Now, you can ask that the children be give to you, but if the Judge says no, it's up to you to then say "well, then they should move with the mother." It won't look too good, but it's your choice.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”





















Ely and 11 other Legal Specialists are ready to help you