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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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Ive been married for nine months and we are getting a divorce.

Resolved Question:

Ive been married for nine months and we are getting a divorce. We bought a house three months after we were married. However the house is under my husbands name. I had a condo that I bought before were married and it went into foreclosure the same month we bought the house. My credit was bad and we didnt want it to affect our loan. So we only put the houe under my husbands name.What are my rights at this time? Financially do I have any rights to the home I live in now? My husband makes 200k and I make 55k what are my rights in this divorce. Will I get any finan cial assistance?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
With regards XXXXX XXXXX martial home, your husband is wrong. California is a community property states, which means that any purchase done during the marriage is considered community property, regardless of whose name appears on the deed. So you have 50% rights to the house purchased while you were married.

Given that your marriage is of short duration, the court does not generally award spousal support. The goal of the court will be to return both parties to their original position they were in before they got married. So unlikely you get alimony but if the house was purchased with income from the marriage, you would get 50% rights to the house as well as any other personal property that was purchased during the marriage and 50% of the debts unless you settle on different terms with your husband.

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Attorney & Mediator and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you. Yes, I figured I would not receive any spousal support which is fine. However before were married I bought a condo in 2006, and it went into foreclosure in 2009. When we bought the house 3 months after we were married on the loan papers my husband said he was not married so that he could get the loan on his own, and the foreclosure would not affect him for the house we are in now. I walked away from my condo and because since were married it was 50/50 right. Now that hes divorcing me its going to destroy me financially. My credit is ruined due to the foreclosure . So will that help me during the divorce?
Expert:  Attorney & Mediator replied 7 years ago.
Could you clarify on what would help you during the divorce? You mean having 50% of the house or asking for support?