Husband was entitled to substantial reimbursement and equity apportionment even though house was Wife's separate property.
Wife owned a separate property residence before the marriage. During the marriage r earnings were used to pay down the mortgage and make improvements.At divorce, wife insisted property is hers with no offset to Husband.
Child Custody (Wife)
Mar 01, 2012
Mom gets primary custody on a 4/3 schedule. Parties begin co-parenting therapy.
Father wanted 50/50 physical custody of 4 y/o child, on an alternating week basis. Mother was not opposed to Father having significant time with child but did not feel it was in the best interest of the child to go 7 days without seeing the noncustodial parent. Mother also felt that child needed a primary residence to feel stable and safe.
Divorce Date of Separation (Wife)
Divorce & Separation
Nov 01, 2011
Wife prevails, separation years earlier. Wife is reimbursed for post-separation payments on community debts and Husband's share of Wife's retirement is thousands less.
Wife argued that date of separation occurred several years earlier even though the parties continued to present themselves as married for cultural reasons. Husband lived abroad for employment but returned "home" to help with the kids for weeks at a time. Wife argued that the marriage ended years before when they split their assets, moved into separate bedrooms, ceased intimacy and began living separate lives.
Nullity of Marriage
Marriage & Prenuptials
Jan 01, 2012
Husband is granted Annulment
Husband argued that his marriage was voidable because Wife fraudulently induced him into marrying her so that she could get her green card. Wife was never faithful, refused to live full-time with Husband and indicated to friends she would 'do anything' to gain Immigration Status.