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Ray, Lawyer
Category: Legal
Satisfied Customers: 41021
Experience:  30 years in civil, probate, real estate, elder law
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I have been separated from my husband (not legally). He is

Customer Question

I have been separated from my husband (not legally). He is refinancing our home. The loan co has given me this option we can prepare a deed to vest the property as sole and separate. I am worried about screwing myself over if he sells the house. Would I get any money from the sale in a divorce if I take this option? I do not make enough money to male the house payments if he defaults. Not sure what to do
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: not sure what you mean?
JA: Anything else you want the lawyer to know before I connect you?
Customer: We have not filed for separation or divorce. no children
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 9 months ago.

I think you should think long and hard about this.There are too many ways you could loose your share of the house.Long term you need to file for divorce and seek a sale of the property.Deeding over the house to him is extremely risky for the reasons you set out.

You have better options here filing for divorce and seeking to force a sale and split any proceeds from the sale as community property.You are smart to be concerned and should consider your own lawyer to file for divorce and resolve the permanently and fairly.Deeding over your share here does not adequately protect you as a divorce and sale would.

I appreciate the chance to help you tonight.Please let me knwo if you have more.Thanks again.

Expert:  Ray replied 9 months ago.

State bar has lawyer referral for you here

call the State Bar of California at
(866)(###) ###-####/a>

Expert:  Ray replied 9 months ago.

California is a community property state. This means that a marriage or the registration of a domestic partnership makes 2 people 1 legal “community.” So property that the couple acquires during marriage/partnership is “community property.” And debt that the couple acquires during the marriage/partnership also belongs to the “community debt.”

Community property generally is everything that spouses or domestic partners own together. It includes everything you bought or got while you were married or in a domestic partnership — including debt — that is not a gift or inheritance.

Community property also includes all the earnings that either spouse or partner (or both of you) earned during the marriage and everything bought with those earnings. You can usually tell if property belongs to the community by looking at the source of the money that was used to buy it. If the purchase money was earned during the marriage, the property belongs to the community.

Here the house is community and can be ordered sold.There is no need to refinance if the house is to be sold here.Better for you to try and resolve it as part of divorce.

Expert:  Ray replied 9 months ago.

I am so sorry that you are having to deal with all of this.I wish you the best here.

If you can positive rate 5 stars when we are done it is always much appreciated.

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