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    miamyalogan's Avatar
    miamyalogan Posts: 2, Reputation: 1
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    #1

    Oct 25, 2007, 01:55 PM
    Wife transferred property out of my name during divorce, can I fight this?
    Living in CA, and my wife and I are in the middle of a messy divorce. She left our residence (mobile home) w/ the children in March, but 1 mo. Later returned and changed the locks, not allowing me access to the residence since that time. After numerous attempts to gain entrance (in order to retrieve certain belongings), and several false reports to police by her, my wife informed me that I am no longer on the title/deed. Because of the way title was held (________ Or_________) was able to remove my name and add her mother's, leaving her name on the title as well. The home was acquired prior to marriage and held in my name and wife's maiden name. The court handling our divorce recently ordered for home to be sold. It also states in order that the court retains rights on all other issues re: the matter. Wife and her mother have concealed their shady dealings from the court as well as myself, and I have reason to believe her lawyer is aware as well. I believe it is their intention to now sell the home and pocket all the money.

    Wife and myself both listed home as community property on divorce papers. Property acquired in 1996, married 1999, divorcing in 2007. Our children were born in 96 and 2000.

    Would I somehow be protected under law by the law imposing property restraints during a divorce, or for another reason, even though property was acquired prior to marriage and held as Tenants in Common or.

    Any help would be appreciated, thanks.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Oct 25, 2007, 08:00 PM
    It sounds like she pulled something really illegal on you. Do you have anything or way to prove that you were the original name on the deed?
    miamyalogan's Avatar
    miamyalogan Posts: 2, Reputation: 1
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    #3

    Oct 27, 2007, 12:47 PM
    It definitely seems she pulled something illegal, just having a hard time finding information regarding the characterization of property acquired prior to marriage/held in both names.

    Although ALL my records pertaining to the home (deed, financial documentation, etc.) were missing from my files when I was finally able to retrieve them, I did receive documents from the tax assessor about a month after the divorce was filed, releasing lien on the home for back taxes, listing both my name and wife's maiden name (secondary) as owners. I assume mother-in-law paid taxes in preparation to sell the home. Wife and mother were floored when I showed them the documents. They had put in for a vacation hold at post office in order to keep me from getting my mail. I filed for change of address just in time!

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