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 Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11873
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
20073497
Type Your Legal Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

I have been married for 20 years and we reside in the state

Customer Question

I have been married for 20 years and we reside in the state of california. My husbad is not the sweetest man, he has been very abusive and controlling to me. All of our assest, boats, property, house, trailers, 5 cars and trucks are all in his name as I was not allowed to have anything in my name, he said it was easier this way, I never thought anything of it and trusted him. Well now that I found out he is cheating and he is being very mean and says he wont give me a divorce and I just need to deal with his ways.. he nevers stays at home and when he does we fight and all that. He beat me the other day and threatend to kill me and my dogs so I got in the truck that I drive and went to my sons, the truck started to run weird and I have to get to work so my son I parked the truck on my sons property where im staying and had him give me a ride to the house so I could grab the jeep which is the other car I drive. My husband took everything from the propert the harley bikes, the big rig, trailers, 2 trucks and the car. And took all the titles and deeds to the house and took 2 of the dogs and left 1? He knows im staying with our son but does not know where he lives. He says he wants the trucks that I have since he says they are his cuz they are in his name and says he is calling the cops and reporting them stolen unless I give them back now.... what I need to know is does he have the right to take everything cuz they all are under his name even though we are and have been married for 20 years. Im afraid he is going to sell or transfer the assest into another name? Shouldn't half of it be mine as well being that we aquired all of while being married? Can I go to jail if I don't give up the truck and keep driving it to get to work? He said my son will also get grand theft for haroboring me??? Im so scared and don't know what to do. I have nothing. He took all the money out of the accounts and has all the boats and everything except for 2 cars and I have no clue where he is staying or where he is hiding it all. I want a divorce and want us to sell and split it all or split the things up.... what I really need to know is am I in trouble for having the 2 cars/trucks cuz they are in his name,can he report them as I stole them and if he has reported them stolen and I get pulled over will I go to jail even tnough im his wife and these are my vehicals that are just under his name cuz he wouldn't let me put them in mine...im so scared and am afraid to go to work. He has sent me texts saying he is gonna hurt me and kill the dogs and will kill our son for letting me stay with him...he calls my work and harrases me and im scared while im at work he will tow the jeep or something. What can I do??please help!!! I don't have any money for an attorney right now but will hope to get one soon.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

I would like to help, but first you must do something for me. First, take a very deep breath, then exhale.. Now take another deep breath and say to yourself, "I will not be afraid of my husband ever again" and keep repeating that. I am going to give you the Answers in "rapid-fire" form so that I do not keep you in suspense, but you must believe what I tell you because it is true

 

1. Your husband cannot do anything to you;

2. If he calls the police, they will ask him, "who is driving the car". As soon as he says, "My wife", the police will have a good laugh and leave. There is nothing the police can do to you, you own every vehicle, just as much as your husband;

3. California is a "Community Property" State which means that all community property is divided equally between husband and wife upon dissolution of the marriage;

4. "What is 'Community Property" ? Community property is all property acquired, purchased, or earned duringthe marriage and it belongs to both spouses, regardless of whose name is XXXXX XXXXX or who paid for it, or who earned it (Such as Pension funds, IRAs, etc.). If it was earned during the marriage, it is community property. The only exception is anything acquired by gift, bequest, or inheritance, these remain the sole, separate property of the recipient spouse.

 

5. If your husband has threatened to kill you, you son, and the dogs, go straight to the police station and report it immediately. Then, go straight to Superior Court, in the County of your residence, Family Division, and ask for an Order of Protection and exclusive occupancy of the marital residence. They have all the forms you will need and the Court has real live people there to help the Pro Se litigants.

 

Remember, it does not matter whose name is XXXXX XXXXX title to anything. If it was bought during the marriage, it is community property.. The Emergency Judge will sign a Temporary Order and the Court Clerk will set a hearing date for the permanent Order.

 

6. On your way home to the marital residence, you will stop at the police station in your area and show the police your Temporary Order of Protection. They will probably want to make a copy of it. If your husband comes anywhere near the house, you will pick up the telephone, call the police and theywill come to your house in no time and arrest your husband for violating the Temporary Order of Protection.

 

7. You can start the divorce proceedings youself at the "Self-Help" desk in the Family Court. You can get an attorney, then ask the attorney to file a Petition for Counsel Fees.

 

8. During the divorce proceedings, the community property will be divided equqally between the two of you. If you cannot agreeon the division of who gets what, then the Judgewill decide

 

___________________________________________________________

 


Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Andrea, Esq.
Andrea, Esq.
Attorney
6892 Satisfied Customers
25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.