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Wife left with little notice. Moved in to a house with son…

Wife left with little...

Wife left with little notice. Moved in to a house with son daughter in law two grand kids and mother in law. Trying to protect myself financially. She isn't on house title but beneficiaries on 401 k etc. She makes double what I do. Just want out with no financial responsibility. She takes hers and I have mine.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Fresno ca

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

15yrs of marriage.

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Answered in 5 minutes by:
9/12/2017
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,137
Experience: 30 years in civil, probate, real estate, elder law
Verified

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.

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What questions do you have, was the house yours prior to marriage?

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Customer reply replied 10 months ago
No
Customer reply replied 10 months ago
Any response?

So it would be your separate property here.You might be due spousal support if wife makes more than you.You would be due long term maybe 6-7 years spousal support.On the 401s here its community for the 13 years you were married and contributed to it.

With a lawyer here I think you might well come out with your house, spousal support, and division of any other assets 50-50%.The fact she makes way more than you is good thing it qualifies you for spousal support.Spousal in California is gender neutral here.

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Reference

states the following:

4320. In ordering spousal support under this part, the court shall consider all of the following circumstances:

(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:

(1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.

(2) The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.

(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.

(c) The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.

(d) The needs of each party based on the standard of living established during the marriage.

(e) The obligations and assets, including the separate property, of each party.

(f) The duration of the marriage.

(g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.

(h) The age and health of the parties

(i) Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.

(j) The immediate and specific tax consequences to each party.

(k) The balance of the hardships to each party.

(l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

(m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4325.

(n) Any other factors the court determines are just and equitable.

“The duration of spousal support is left to the discretion of the court within certain general equitable principals and guidelines.”

Length of Spousal Support

A general rule is that spousal support will last for half the length of a less than 10 years long marriage. However, in longer marriages, the court will not set alimony duration. The burden will be on the party who pays to prove that spousal support is not necessary at some future point in time.

I appreciate the chance to help you and wish you the best.

If you can positive rate 5 stars it is much appreciated.

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Divorce lawyer referral here for you locally

Contact the State Bar for Help

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There is a strong presumption under California law that assets and debts a couple accumulates during marriage are community property. Property one spouse owned alone before the marriage, or acquired by gift or inheritance during the marriage, is that spouse’s separate property. Separate property also generally includes items purchased with or exchanged for separate property, earnings on separate property, and any increase in value of separate property, as long as the property owner can prove the claim with financial records or other documents.

California law also provides that property spouses acquire before divorce but after the date of separation is separate property. The date of separation is not necessarily the date one spouse moves out of the marital home. Instead, it is the date that one spouse decides to end the marriage, and it requires some act of physical separation combined with other actions clearly demonstrating that the spouse has decided to end the marriage.

House here appears to be your separate premarital proeprty in property settlement.

I wish you the best here thanks for rating 5 stars.

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Customer reply replied 10 months ago
Is there any advantage or disadvantage to filing for divorce first?

For you it would if you want your house and other property awarded to you, you are a good candidate for spousal maintenance.She makes more you might get monthly payments from her.

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Customer reply replied 10 months ago
What should I look for In a divorce attorney ?

You want thats AVVO rated 10 here with multiple reviews, the closer you can afford to a 10 the best your chances.Ratings here matter.

You can see them here by zip code

https://www.avvo.com/divorce-separation-lawyer/ca.html

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,137
Experience: 30 years in civil, probate, real estate, elder law
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