Coarsegold, CA Divorce Law Firms & Lawyers

There is something called a post-nup that you could use. Of course, it is generally prepared in anticipation of divorce, but doesn't have to be. The bigger concern though is what money will be used to pay the rest of the mortgage? Will it be community money? In that case, he will be entitled to one-half of the house. The only way to prevent that would be to use only your money to pay the mortgage. But even then, he could argue that his money to pay the rest of the bills allowed you to pay the mortgage. No, the only way to get it clear that he has no interest would be an agreement that he has no interest in the house. You will need to attorneys to handle this. One for you and one to advise him. It is not the type of thing that you can just get off the internet.

Clearly, any issues pertaining to the marital residence should have been addressed at the time of your divorce in 2011. I would be surprised if either of you had legal representation at the time of your divorce, and this issue was not fully resolved. The first step would be to review your Final Judgment and Decree, as well as, your Settlement Agreement (if any). When it comes to the marital residence in divorce actions, if the home is awarded to either party, the division of marital assets will include either the sale of the home or the issuance of a Quit Claim Deed by one party to the other. The issue of any equity is also resolved at the time of the divorce. If there is no equity, then there is typically no requirement that one party "buy out" the other party. However, if the marital residence is sold, then the parties will typically have an equal share in the proceeds of the sale or the remaining debt. You should consult with an attorney, allow the attorney to review your divorce documents and advise you further on how to proceed.

No he cannot. He would have to file a motion to modify or reduce child support and either the judge would grant such or you would agree to such. If he just reduces it in his own, he is in contempt of court and still owes the full amount of child support.