Keyes, CA Divorce Law Firms & Lawyers

In California, property and money used to acquire property are community in nature. Generally all assets and debts acquired during the marriage should be divided equally. However, if the house was bought by one party before the marriage, but then payments were made on the home during the marriage, it is mixed community property and separate property and you will need to consult with a professional to figure out what portion of the property is your separate pre-marital property, and what portion is community property (half yours). Also, the form of the title is a factor in determining if the owners meant for the entire property to be separate property, so there may be an argument here that you both agreed during the marriage that the property is yours alone and put it into your name alone for that reason. Be aware this can be difficult to prove if he argues against it.

It is very difficult to give legal advise without first reviewing all documents and pleadings in the case. You husband shall be represented by legal counsel who can review all the paperwork and advice your husbands on how the law applies to his case. If you feel you have not received all the paperwork filed with the court, you can contact the attorney and request a copy or, what would be best, you to court and get a copy yourself! That way you know for sure what was filed. Again, gather all documents, filed before and now and have an attorney with family law expertise review the case to make sure of your husband's legal rights.