QUESTION: We have been married 15 years. We have two boys. We have our family home, plus three ( 3) other homes that are just in my husband's name. If we get a divorce, will I be able to get child support plus one of our other homes?
MY RESPONSE: Your question is difficult to answer because I would need more detailed information, including the circumstances under which your husband received sole title to the three other homes, information about the purchase loans on those homes and any refinances, information about the fair market value and obligations due on each of the homes, and well as information about your income, your husband's income, and your and your husband's custodial timeshare, in order to provide you a measured response.
Your question implies that your family home is community property.
Depending on the facts, the three other homes may be your husband's separate property, community property, or mixed separate and community property.
Whether you can receive one of the homes in a divorce depends upon whether it is community property and whether there is sufficient offsetting community property that your husband can receive to equalize the equity you receive in the home that want to receive.
Child support will be based on on facts specific to your situation, including your husband's income, your income, and the custodial timeshare of your children that you and your husband receive.
In addition, based on your husband's income, your income, the marital lifestyle, and other facts specific to your situation, you may be entitled to an order for spoual support and attorney's fees. Due to the length of your marriage and the fact that you and your husband have two children, spousal support would likely be payable until either party's death or your remarriage.
You would best consult and retain an experienced Family Law Attorney to represent you in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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