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  1. #1
    Join Date
    Jun 2014
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    7

    Default Rights to Home Equity in Divorce

    My question involves a marriage in the state of:California

    I’ve been married to my husband for over 8 years. He is now trying to divorce me. During our marriage he used my name to transfer the property from his mother to him through deeds. I didn’t speak English well at that time, as I’m originally from another country. Several months ago, he put the house on reverse mortgage and made me sign the papers. He cried that if I don’t sign he will need to sell the house and he will be on the street. He was recovering after a major surgery at that time, and I felt sorry for him. I loved him and trusted him. The broker and notary came over at late hour, and I was about to leave the country soon. I wasn’t given any time to read the papers as they claimed that needed to be done quickly because of some deadline. I trusted my husband. I then realized that I signed off the house. He recently wanted to take some money out of the house and told me that he needed to divorce me or without my signature he will not get a loan.
    I also saw from my credit report that he used my credit for a loan approval without telling me that. He has no credit as he filed bankruptcy a few years ago.
    He is now trying to divorce me and throw out of the house. I need to find what I am still entitled to and what my legal rights are regarding the property.
    I need a referral for a divorce attorney in Los Angeles County who would help me to figure that out.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Rights to Home Equity in Divorce

    The L.A. County Bar offers attorney referrals. Organizations such as the AAML often have lawyers experienced with more complex divorce issues.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Rights to Home Equity in Divorce

    Nothing you have mentioned appears illegal on the surface. A divorce lawyer is a good idea.

  4. #4
    Join Date
    Aug 2014
    Posts
    226

    Default Re: Rights to Home Equity in Divorce

    Quote Quoting wintergirl
    View Post
    My question involves a marriage in the state of:California
    Whose name is the house in? What exactly does the deed say? You can get a copy of the deed from the county if you pay them a few dollars for it.

  5. #5
    Join Date
    Jun 2014
    Posts
    7

    Default Re: Rights to Home Equity in Divorce

    Where you can check online if divorce was filed in California?

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Rights to Home Equity in Divorce

    The county court's website in which you or the other person resides

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Rights to Home Equity in Divorce

    A deed only tells you about the last conveyance. It's not like a car title which tells you who the actual owner is.

    By and large the deed itself is immaterial anyhow. The question is when the property was acquired. Since it appears to have been acquired during marriage (and this is California), it's community property no matter whether it is titled in to spouses or not. However, there are lots of holes in the statements made by the original poster. Are you and your husband over 62? If not, there's no way he put a reverse mortgage on the property. You need a lawyer who can look at the entire situation.

  8. #8
    Join Date
    Jun 2014
    Posts
    7

    Default Re: Rights to Home Equity in Divorce

    I cannot afford a lawyer. The house was acquired by husband's parents. They now both dead, his mom passed away a couple months ago. By some reason, they used my name and made me sign when transferred the property trough deeds and when he put the house on reverse mortgage. He is 64, I'm much younger. I fled from abuse and now am living in another county trying to establish my employment to survive. I don't have anything from him, I'm on my own. I have been too busy looking for a job and place to live and haven't have time to get to the divorce paperwork. I wanted to find out whether he filed divorce already but don't know how to do that.

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