Wife Will Not Participate in Negotiations to Settle Our Divorce

[vvbob]

My question involves a marriage in the state of: California

My wife filed for divorce over 18 months ago & moved out. We have a date in JUNE OF 2013 for the case to be heard. My wife or her attorney will not agree to any kind of meeting. There have been two 4 way conferences cancelled by their side, many unanswered phone calls from my attorney. Three settlement proposals have been sent to her attorney but we have not received any kind of response as to what they want. Before the settlement conference my attorney approached her attorney & asked him to talk, her attorney stated "We have nothing to talk about"!
My wife's attorney is in violation of several court rules regarding meaningful attempts at settlement talks, but the judge seems to turn a blind eye to those.
Is there anything I can do to get this moving???

[Mr. Knowitall]

Ask your lawyer to see when he can get the case on the trial docket.

[vvbob]

The case in on the docket for June 2013 (as I stated in my original post). I want to bring her to the bargaining table to try & work out a settlement, ALL attempts have be thwarted by her & her attorney.
Legal fees keep increasing, house value keeps declining, Even though I owned the house before marriage, I will probable have to pay her some form of rent which adds to blood pressure skyrocketing!!!

[Coleu]

Even though I owned the house before marriage, I will probable have to pay her some form of rent which adds to blood pressure skyrocketing!!!

Has your attorney advised you of your right to reimbursement on the house?

[jk]

Has your attorney advised you of your right to reimbursement on the house?

right to reimbursement on the house? What are you even talking about? Reimbursement for what? OP is living in his house and it is a premarital asset.


bob: why are legal fees continuing to mount? If the case is in a static position, there is nothing for your attorney to do so there would be no charges. It would appear you are the one causing your attorney fees to continue to accrue due to your continued demands your attorney continue to attempt to demand the other side come to the bargaining table.

[Mr. Knowitall]

I agree with jk - if there are no negotiations and the case has been pending for eighteen months, what's going on other than a waiting game?

Frankly, if a case has been pending for eighteen months and isn't scheduled for trial for another sixteen months, it's probably because that's what the lawyers requested. I find it difficult to believe that, were the lawyers pushing for a trial, the court could not offer an earlier trial date. If you aren't willing to pay your lawyer to try the case, though, he has little incentive to push for an earlier trial. What county are we talking about?

[vvbob]

what's going on other than a waiting game?

Well my life is on hold....Can't sell the house cause stupid me put her on the deed after we married. I have vehicles ,which costs me every month, Boat, RV and a car I don't like; just sit, & wait for the next 16 months,that's not any kind of life!
Court assigned the trial date at settlement hearing, Solano County, Fairfield ,CA. Calendar is backed up 17 months, because of all the freebie cases......
My attorney has been total frustrate by the stonewalling from her attorney, we have tried several avenues to get to some kind of discussions, but now her attorney doesn't even answer the phone...

[Coleu]

right to reimbursement on the house? What are you even talking about? Reimbursement for what? OP is living in his house and it is a premarital asset.

Jk, you are constantly posting about things you know nothing about. It's shocking how ignorant you remain when I posted about this very issue before to you. Can you even read?

The community can acquire an interest in separate property that has a mortgage on it if during the marriage the spouse whose separate property it is uses their earned income, which is community property, to pay the mortgage. In California, there is a right to reimbursement for the value of the property prior to this, however.

The OP was lamenting about having to pay rent, and I quoted that portion of his post to emphasize I was directing my comment to that issue. What the OP needs to do is figure out how much of the house's equity is entitled to the right of reimbursement. He may not owe her any rent at all if his right of reimbursement covers all of the equity in the house which may be the case given the downturn in the market.

When discussing whether or not he owes his wife rent for staying in the house, if his attorney has not mentioned his right of reimbursement, he should be worried about the competency of his attorney.

Jk, you obviously know nothing at all about community property states, so stop confusing people by posting ignorantly.

[jk]

Coleu;593889]Jk, you are constantly posting about things you know nothing about. It's shocking how ignorant you remain when I posted about this very issue before to you. Can you even read?

The community can acquire an interest in separate property that has a mortgage on it if during the marriage the spouse whose separate property it is uses their earned income, which is community property, to pay the mortgage. In California, there is a right to reimbursement for the value of the property prior to this, however.

just a wee bit of speculation, don't ya think, especially since op has stated he put the wife on the deed.

So, what were you talking about again? HHmm, what is it called when there is joint ownership on the title of the home....hmmm, maybe you can help me out on this one coolee.

The OP was lamenting about having to pay rent,

ya and why would he be paying rent on separate property?

[Coleu]

Coleu;593889]
just a wee bit of speculation, don't ya think, especially since op has stated he put the wife on the deed.

So, what were you talking about again? HHmm, what is it called when there is joint ownership on the title of the home....hmmm, maybe you can help me out on this one coolee.

jk - putting a spouse on the deed doesn't extinguish the right to reimbursement in California. Putting a spouse on the deed is a transmutation and affects the rights going forward subsequent to the transmutation. A transmutation by itself does not extinguish the right to reimbursement in CA. The right to reimbursement must be expressly waived by a separate writing, separate from the transmutation writing, otherwise it exists despite the transmutation.

California community property law is like no other state in the US. If you don't know it, then stop posting about chit you know nothing about.