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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2567
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My brother is going through a divorce. and has been dealing

Customer Question

JA: Hi. How can I help?
Customer: so my brother is going through a divorce. and has been dealing with a monster of an ex. shes threatening to take the family home and has stolen monies from his bank account and is trying to take all assets with her.
JA: What steps has your brother taken? Have they filed any papers in family court?
Customer: he has no attourney
JA: Family law varies by state. What state are they in?
Customer: california
JA: Anything else you want the lawyer to know before I connect you?
Customer: he just found out that she was never divorced when they married!!!
Submitted: 7 months ago.
Category: Family Law
Expert:  S. Kincaid replied 7 months ago.
If she was married to someone else when your brother married her, he should file for annulment, not divorce. File an innocent spouse can still get marriage like relief in an annulment, a spouse who committed bigamy cannot usually have property rights in an annulment. He will have to prove that she was married to someone else though. Should this proceed as a divorce, she would be entitled to 50% of the assets and debts acquired during the marriage. If the family home was acquired prior to the marriage, she might be entitled to reimbursement 4 community property used to increase the value of that residence. But she would not have a right to the house itself. Do you have any other questions?