house and alimony

UPDATED: Oct 1, 2022

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house and alimony

My husband and I are getting divorced. He said that he wanted to do it without lawyers but has been threatening that he has a lawyer and he could take 1/2 of the house and get alimony. I have owned my house for 13 years. I have been with him 2 years, married 10 months. he is not on the loan or any financial documents. is he entitled to a portion of the home? If I make more, will I have to pay him alimony? We actually make the same right now but the first 6 months I made more.

Asked on October 25, 2017 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Please seek ehlp from a lawyer and do not listen to your husband about "not using someone."  Even if you seek help on a consultation only basis you will be informed about your decsisons and their consequences.  If you owned the property prior to marriage the facts of your case will determine if it has transmuted in to marital property by you or your husband's actions (like if he did something affirmative to increase its value).  Did you pay the mortgage the last two plus years with marital funds (funds earned during the marriage are marital)?  As for alimony, generally if you make the same none is awarded and for such a short marriage none would likely be awarded.  Seek help.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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