A woman reports that when she and her ex-husband divorced, they agreed to let their family home foreclose. Since then, he has filed for bankruptcy to delay the foreclosure, he began once again to pay the mortgage, and has organized for a friend to become a renter. This woman asks us if she is entitled to half of the rent he receives from the tenant. She states that she was indifferent when she knew that the money was going towards a community debt, but now that she knows it is not she believes she deserves a share of the profit.
Assuming that the property is still in both names, this woman is entitled to half the rent her ex is receiving. We told her it sounds as though she should take him to small claims court, which is a local court where claims for small sums of money can be tried and resolved quickly and inexpensively without legal attorneys. It also sounds as if the home in this situation is not an adjudicated asset (or their judgement doesn’t say who gets it). In that case, if it ever becomes worth anything, she might want to go back to divorce court and ask for it to be sold and the proceeds divided. If the house is in fact an adjudicated asset, there is a possibility that the small claims court has no jurisdiction to deal with who gets the rent, and that a small claims court judge might refuse to hear her case and send the pair back to divorce court. In either case, she should consult with an attorney to develop a plan of action for receiving the profit she is entitled to.
For more information on real estate and property in divorce, please visit our website: http://stanprowse.com/property-division-in-divorce
As much as some of us wish it would, the law has no sympathetic ear. It is black and white, numbers and figures. There is no special stipulations for unfortunate individuals who simply just were played a bad hand of cards. In a nutshell, the Court doesn’t care if someone “hurt your feelings”.
But that doesn’t stop people from approaching us with their story of how their spouse did them dirty and left them out to dry. And of course, that’s understandable. Everyone wants to be heard. Perhaps that’s what one man really wanted when he sought advice about his “immigrant wife” of two years cheating on him. He informed us that his wife recently filed for her 10 year green card but it has not yet been granted. Based off of his recent discovery of her affair, he no longer believes the marriage was in “good faith”. In fact, he wishes to pass this information along to immigration officials. His question: what would be the best protocol to ensuring a favorable settlement in the divorce process with the current information regarding her falsification of a “good faith” marriage?
This is where we had to break it to him: the divorce court doesn’t care if you’ve been cheated on. They also won’t take into consideration whether his wife is legal or not. All the court cares about is dividing the couple’s community property and whether either spouse gets spousal support (which is highly unlikely). The feds may care if the marriage was phony, but using the threat of reporting her to get her to give up anything she’s entitled to would be extortion. A no-no, although people do it anyway. This man needs to see the matter of divorcing this woman and his vendetta for seeing about her deportation as two separate subjects, or else he will most likely be unsuccessful in both.
For more information on questions in divorce, including those regarding cheating, please visit our website: http://stanprowse.com/divorce-attorney-questions
A woman approached us with questions regarding issues with spousal support in her marriage that involved domestic violence. She reports that throughout the couples’ four year marriage she was unemployed. There were several instances of domestic violence and several police reports made, but no arrest of the husband ever occurred. Still, she was granted a DVTRO, or a domestic violence temporary restraining order, by their family court judge. However, she has been unable to locate her ex-husband to have him served with the restraining order. He is now suing her for spousal support. Her question: since she was a victim of domestic violence by him, can he still be granted spousal support and attorney fees? She continues to struggle to find a job and has been living on no income.
We advised her not to worry- because she is unemployed and has no income, no Court is going to make her pay spousal support, so that needn’t concern her until she gets a job. Even then, if he’s employed, chances are he would be making more money than his ex-wife, and he would be paying her spousal support. Nonetheless, she probably would not get more than two years of support from the date the couple separated – they had a short marriage. Unless she knows he’s working and getting a paycheck he can garnish, her first order of business should be to find work for herself.
For more information on domestic violence and spousal support, please visit our website: http://stanprowse.com/spousal-support-california