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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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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: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year 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 1 year ago.
Thanks Steven, I will be the one filing for divorce
Expert:  S. Kincaid replied 1 year 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 1 year 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:  S. Kincaid replied 1 year ago.
Are you asking if you send those to the court?
Customer: replied 1 year 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:  S. Kincaid replied 1 year ago.
You can include a copy of it. The original should be part of the final orders.