In marital dissolution cases, aren't California courts mandated to provide timely equitable distribution of community property?

Asked over 1 year ago - Sanger, CA

Filed for divorce and equitable distribution of community property in 2008. Instead, based on unproven claims of domestic violence, the court fraudulently conveyed all property to one party and then refused to set further hearing on the issue and further vex lit'd me from filing anything further. I still own the property but have no right to go near it. It is being rented out and I have no say in it.

Attorney answers (2)

  1. Richard Forrest Gould-Saltman

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 1. If you're still an "owner", then the court didn't "convey" it to your ex, they gave her exclusive use pending trial. If the court made that order, the court must have determined that there was "proof" of the claims of DV.

    2. If the court determined you to be a vexatious litigant, you must have repeatedly filed frivolous stuff, to the point where the court took this fairly unusual step. You can still proceed, but you have to get pre-filing approval for your filings, or you have to hire a lawyer. Get the divorce set for trial.

  2. John Naumovski

    Pro

    Contributor Level 13

    Answered . I agree with the above attorney's advice

    the information provided above is for information purposes only and you should consult an attorney for specific... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Separate Property in Divorce

Separate property generally refers to property that is acquired before marriage. However, gifts and inheritances are also separate property.

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