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Separated, can I enforce restraining order to stop disposal of property if there's a request to enter default but no judgment?

Riverside, CA |

2 yrs ago, spouse filed separation papers to avoid my debts. I failed to respond, told filing was just for peace of mind. 1 yr ago, spouse, filed request to enter default on legal separation but never got judgment. I'm told it'll take 2 months to get it set aside. The filing is false: says separated after 7 yrs of marriage when in fact we were married and together w/children for 12 yrs; says 1st house (title & loan - in spouse name only-due to credit) was a gift & separate property, in fact, I pd down payment & contributed every mo. to mortgage for 12 years; & it denies spousal support. In 2 days, spouse is turning in title & kicking me & our 2 minor kids out of 2nd home, that we've lived in & paid on for 5yrs (Title & Ln, also in spouses name) How can I stop it? Little money for attorney.

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Attorney answers 3


You need to consult an attorney ASAP. A lot of attorneys will give you a free consultation. If you cannot afford to hire an attorney, there ay be a Legal Office in your area. Good luck !!

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There are time limits on filing a request to set aside a default. You have six months from the date of notice of entry of the default to set aside under CCP 473. Although there is case law supporting a set aside on equitable basis outside the six month deadline, the facts you have presented do not appear applicable. You should consult with an attorney immediately to see if there are other facts not here presented that might provide you relief. If you have found this helpful and/or the best answer, please let the attorney know by checking the appropriate box below. It will be greatly appreciated. Thank you and best of luck to you.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


You need to talk with an attorney right away. You are about to loose everything because you have not responded. If there is no judgment yet you still have time to set aside the default and respond.
IF you cannot afford an attorney you should talk with the court facilitator's office. They are a free legal service for family law issues and located in the family law court house.

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