Will I be able to get the house in divorce if I am making all the payments ?
Question Details: Spouse deported to Mexico. Has a min. 10 yr bar. I want to file for divorce. No equity in home. Home community property. Since deported spouse making no contribution to mortgage pymt, ins.upkeep, etc. I am making payments from a seperate account that spouse is not tied to. What are my chances of getting the home awarded to me as my sole and seperate property ?
Divorce, Marriage, Alimony Law Answers
Upon filing a petition of dissolution of marriage or a legal separation, if the house has no equity you have a good chance.
Bernie Kempen www.itsover.com
It depends. How long have you been separated? Separated could be a legal separation as deemed by the court or that you have been living separate and apart with no possibility of reconciliation. Do you have children? If so, more often than not, the house may be awarded to you. It also depends on other community property you own, how the house is owned, etc. Lots of factors.
Sit down with a lawyer at www.attorneypages.com and check his or her record at www.calbar.ca.gov under attorney search.
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