Need so Help
My name is Kenneth Cardoza My wife and I been married for 10 years. We have a Mobil Home she owns when we got married she lived here till she moved out to palm desert. She is making the loan payment of $1054.00 a mouth and I am paying the rent space $ 850.00 a Mouth, she had taken money from her 401 k plane and purchased a town home in palm desert she was to put me on title but did not she put her son on title. This town house was to be for us to retire at. She works for Oracle and they fly here anywhere for free. She asked me to take some items down to the town house so when she stays she has some cloths and personal item. She told me that she was going to make both loan house payments and I was to keep paying the rent space here in Sunnyvale for she makes $45,000 a year more that I do. For my Job is here in San Jose Calif. so the other day after dropping off more of her personal items in Palm Desert she told me that she was going to sell the home here in Sunnyvale and that I had nothing to say for she is on title here. She said at the end of Jan she will put up the mobile home here up sale quick sale.
What can I do?
Kenneth David Cardoza
Sunnyvale Ca
[email protected]
Joann Leigh PheasantPersonal Injury LawyerSacramento, CA ·
You need an attorney. First of all, the answer from real world does not necessarily follow CA law. The Mobile Home may be considered separate property since she owned it prior to the marriage. This is an issue of fact for a Judge to decide. Your rent space could be considered fair use only. It sounds like you are in the middle of getting divorced or planning on getting divorced. Some of your property will be considered joint property, some will be separate and it depends partially on the time the property was purchased or inherited and partially if it was co—mingled into the community of the marriage. The Palm desert town home would likely be considered community property despite what she put on the title. However, this is going to be more complicated than you can unravel on your own. Best of luck.
This is general advice only and does not establish an attorney client relationship.
Please note that I am not licensed to practice in California, I am licensed in Minnesota. Please note that an attorney-client relationship will not be formed by this answer. Rather, I am providing some thoughts on the issues generally, based on my experience and the facts described in the question. You should consult with a California contract law/real estate attorney. It might be possible (depending on additional facts and applicable law) to bring a lawsuit asserting some sort of claim - for example, unjust enrichment or quantum meruit - against your wife, for value of the rent space payments you have made. Although it is unclear from your question whether you and your wife are intending to stay together. Normally a husband or wife would not sue the other if they are intending to stay married. If you are not staying married, then you could consider the lawsuit mentioned above, and once the lawsuit is filed, you could file a lis pendens against the real estate, which would then likely make the title unmarketable until the lawsuit was resolved, thereby preventing your wife from selling the property unitl your dispute is resolved.
I would check with a family lawyer in CA to confirm that you have marital rights to the home and file an Order to Show Cause in court to bar the sale and/or distruibute a share of the profits to you. What is the state of your marriage at this point. If her plans do not include you, it seems to be in trouble,.
Under California Community Property laws you do have rights. See a lawyer and file for divorce or legal separation. As to the mobile home, although its her separate property owned before marriage, you have a claim because of the marital earnings that were contributed to the home during marriage. As to the new house in Palm Desert, sounds as if "tracing" of the funds used to acquire the property may show that the marital community has a financial interest in the home. Because of the title in the son's name, a procedure called "joinder" may be required. Its sophisticated and best done by a lawyer. Automatic property restraining orders take effect upon filing and serving the divorce.
If you are married, you can file your petition for divorce. With the Petition, file an OSC to enjoin your wife from selling the property. This will give you time to work it out.
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