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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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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 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: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years 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




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