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Can the party that has “exclusive access” to the marital home make all home financial decisions without the other party?: Situation:

Ex has exclusive access. He asked for it and fought hard for it. I gave exclusive access to him knowing I cannot afford the mortgage if I lived in our home. He has pretty much been claiming ever since that he cannot afford the mortgage will paying support. He didn’t think he would have to pay me support at all and did not pay me a dime until he was ordered to.

Recently I found out to my surprise, that there was an appointment for me to sign “streamline refinance“ documents for that house we both own and he resides in. Again, I don’t reside there. He had not given me any notice that he was doing such process nor did his attorney. None of it was discussed with me at all. So when I got the call from the notary I was quite perplexed and declined signing the documents because I had no idea what was going on. Also, being asked deceitfully to sign documents for a process that I had no idea was going on, did not sit comfortably with me.

Asked over 5 years ago in Divorce

Michael’s answer: Exclusive use and possession means that only and nothing more. Further his use of it still requires he owe rent. Usually the mortgage is the equivalent.

Signing a mortgage may inadvertently sign your name off it too.

Answered over 5 years ago.


Can you file for a divorce of domestic partnership and marriage at the same time in California?: Married and in domestic partnership with the same person and wanted to end both.

Asked over 5 years ago in Divorce

Michael’s answer: Usually its one or the other but you could file for both

Answered over 5 years ago.


Can I ask for a continuous to add a lawyer?: I'm filing for a divorce. And have a spousal support hearing in a few days. Both my husband and i were going to represent ourselves. However, a few days ago my husband filled out a "Substitution of Attorney" and got himself a lawyer. Now, I don't want to represent myself, but trying to find a lawyer when my hearing is a few days away will be hard.

Can I ask the lawyer for a continuous, he added a lawyer last minute, and i don't feel comfortable representing myself? What options do I have?

Asked over 5 years ago in Divorce

Michael’s answer: Yes they will allow reasonable time to hire a lawyer but at some point the court will not postpone any longer

Answered over 5 years ago.