property right

[christstevens]

I have a two part question.
I live in California. My wife filed for seperation through We the People in late 2002. I don't remember signing anyhting, but are we legally seperated?

This leads me to my next question. Later in the year 2002, we purchased a house. I am on title as a 'married man, my sole and seperate property'. I remember my wife having to sign something at title since we were not putting her on the deed. Does she have equal rights to the home if we are seperated?

In addition, I am almost positive we are seperated because, in 2005 she filed for divorce. I shared the papers wit my lawyer and we were both surprised to see that our 'status" was seperated in the We the People Documents.

[leeborden]

I'm sure you know that no one on the message board can tell you whether you and your wife are legally separated. You should be able to find that out, though, if she filed it in CA. Go to any courthouse and ask them to search their records. You search by your name and her name, and if there's a case filed in CA, you should find it.

Assuming that she did file and that you are legally separated, your respective rights to property (real and otherwise) should be set by the decree of legal separation. It's possible - but unlikely - she's on the title for the house. It's more likely that she's not on the title and doesn't owe money on the loan but was required to execute the mortgage to subordinate any rights to the house to the lender's lien.

[christstevens]

So, Even if I didn't sign anything, we could still be legally seperated if she filed? Because I am almost sure she did file. And, if we are legally seperated, she has no rights to the property in case of divorce if she is not on title? The reason why I ask is because there is about $100,000 equity in the home that I would hate to see her get since I've paid every single mortgage for the past 4 years while she gives away hundreds of dollars per month away to family.
Thanks for your help!

[christstevens]

Oh, one more question. What about credit cards in her name after the seperation.

[Lee Borden]

Yes, you could still be legally separated. I'm not skilled on CA community property principles, so I won't try to tackle your question about her credit cards after the separation.

[christstevens]

How about the property question?

[Lee Borden]

Same problem. Sorry.

[christstevens]

Thanks for trying to help. I'm going to see my attorney tomorrow and then off to the courthouse to see my marrital status.